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Mining  laws  of  the  state  of 
Alabama 


1911 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


The  RALPH  D.  REED  LIBRARY 

•C" 

DEPARTMENT  OF  GEOLOGY 
UNIVERSITY  OF  CALIFORNIA 

LOS  ANGELES,  CALIF. 


MINING  LAWS 


OF  THE 


STATE  OF  ALABAMA 


MONTUOMKRT,      ALiBAMJ 


AMD    BIMDBHI 


MINING  LAWS 


OF   THE 


STATE  OF  ALABAMA 


Geology, 
Library 

TN 


MINING  LAWS 

OF    THE 

STATE  OF  ALABAMA 


No.  493.)  AN  ACT  (H.  431. 

To  regulate  the  mining  of  coal  in  Alabama. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
Alabama,  That  there  shall  be  appointed  by  the 
governor  of  Alabama  an  inspector  of  coal  mines  Appointment 
for  each  two  and  a  half  million  tons  of  coal  mined  an(1  term  of 
in  the  State,  or  majority  fraction  thereof,  based  ^teor°sf  i! 
on  the  report  of  the  tonnage  mined  for  the  pre- 
vious years,  compiled  by  the  chief  mine  inspect- 
or, one  of  whom  shall  be  designated  as  chief  mine 
inspector  and  the  others  shall  be  designated  as 
associate  mine  inspectors,  and  one  of  them  shall 
be  a  mining  engineer.  Immediately  upon  the 
passage  of  this  act,  the  chief  mine  inspector  and 
one  associate  mine  inspector  shall  be  appointed 
and  shall  hold  office  for  three  years,  and  as  soon 
as  possible  four  associate  mine  inspectors  shall 
be  appointed,  two  of  whom  shall  hold  office  for 
two  years  and  two  of  whom  shall  hold  office  for 
one  year,  and  upon  the  expiration  of  their  re- 
spective terms  of  office,  new  appointments  may 
be  made  for  terms  of  three  years  from  the  date 
of  each  appointment  and  until  his  respective  suc- 
cessor is  appointed  and  qualified.  The  object 
being,  hereafter  to  appoint  as  near  as  practicable 
one-third  of  the  inspectors  each  year. 

Sec.  2.    The  salary  of  the  chief  mine  inspector  Salary 
shall  be  three  thousand   ($3,000.00)   dollars  per 
annum,  and  the  salary  of  each  of  the  associate 
mine  inspectors  shall  be  two     thousand      (|2,- 
000.00)  dollars  per  annum. 


817675 


MINING  LAWS  OF  ALABAMA. 


Bond  may  be 
required. 


Report   to  gov 
ernor. 


Qualifications 
for  chief  in- 
spector. 


Associates. 


Unlawful    to 
have  other  em 
ployrnent. 


Duty   to   ex- 
amine coal 
mines,  etc. 


Sec.  2  1-2.  That  the  governor  of  this  State 
may  require  the  chief  mine  inspector  to  execute 
bond  payable  to  the  State  of  Alabama  in  such 
sum  as  the  governor  may  determine  with  condi- 
tion that  he  will  faithfully  discharge  the  duties 
of  his  office  and  will  account  for,  properly  dis- 
tribute and  pay  over  all  funds  coming  into  his 
hands  as  license  fees  collected  from  applicants 
for  certificates  from  the  board  of  examiners  or 
otherwise.  It  shall  be  the  duty  of  said  chief 
mine  inspector  to  report  annually  to  the  gover- 
nor the  amount  of  money  received  by  him  from 
such  applicants  or  otherwise  and  show  the  dis- 
bursement thereof,  and  at  the  expiration  of  his 
term  of  office,  pay  over  any  moneys  in  his  hands 
as  such  to  his  successor  in  office. 

Sec.  3.  The  chief  mine  inspector  shall  be  a 
qualified  elector  and  shall  be  a  competent  person, 
having  had  at  least  eight  years  experience  in  the 
working,  ventilating  and  drainage  of  coal  mines 
in  the  State,  and  having  a  practical  and  scientific 
knowledge  of  all  noxious  and  dangerous  gases 
found  in  such  mines;  he  must  have  a  first  class 
mine  foreman  certificate  and  must  be  not  less 
than  thirty  years  of  age.  The  associate  mine  in- 
spectors shall  be  qualified  electors  and  each  shall 
possess  a  first  class  Alabama  mine  foreman  cer- 
tificate and  shall  have  had  at  least  five  years 
practical  experience  in  coal  mining  and  shall  be 
not- less  than  twenty-five  years  of  age.  The  asso- 
ciate mine  inspectors  shall  reside  at  such  points 
convenient  to  their  respective  districts  as  the 
chief  mine  inspector  may  designate,  and  the  chief 
mine  inspector  shall  designate  the  districts.  No 
one  shall  be  appointed  mine  inspector  who,  or 
the  wife  of  whom,  owns  and  operates  in  whole  or 
in  part,  mining  property. 

Sec.  4.  It  shall  be  unlawful  for  the  chief  mine 
inspector  or  any  associate  mine  inspector  to  be 
otherwise  employed  by  the  State  of  Alabama. 

Sec.  5.  The  mine  inspectors  shall  give  their 
whole  time  and  attention  to  the  duties  of  their 
offices.  It  shall  be  the  duty  of  the  mine  inspect- 
ors to  examine  all  the  coal  mines  and  all  the 


MIXING  LAWS  OF  ALABAMA.  5 

working  places  therein  as  far  as  possible,  in  this 
State,  at  least  every  three  months  to  see  that  all 
the  requirements  of  this  act  are  strictly  observed 
and  carried  out;  inspectors  shall  particularly  ex- 
amine the  works  and  machinery  belonging  to  any 
coal  mine,  examine  into  the  state  of  the  coal 
mines  as  to  ventilation,  circulation,  and  condi-Record  of  ex. 
tion  of  air,  drainage  and  general  security;  they  am  {nations, 
shall  make  a  record  of  all  examinations  of  coal 
mines,  showing  the  date  when  made,  the  condi- 
tion in  which  the  coal  mines  are  found,  the  extent 
to  which  the  laws  relating  to  coal  mines  and  min- 
ing are  .observed  or  violated,  the  progress  made 
in  the  improvements  and  security  of  life  and 
health  sought  to  be  secured  by  the  provisions  of 
this  act,  number  of  accidents,  injuries  received, 
or  deaths  in  or  about  the  coal  mines,  the  number 
of  persons  employed  in  or  by  each  coal  mine,  to- 
gether with  all  such  other  facts  and  information 
of  public  interest  concerning  the  condition  of 
coal  mines,  development  and  progress  of  coal 
mining  in  this  State,  as  they  may  think  useful 
and  proper,  and  so  much  thereof  as  may  be  of 
public  interest  to  be  included  in  their  reports.  A  Report, 
comprehensive  report  of  each  inspection  of  each 
coal  mine  shall  be  promptly  made  to  the  superin- 
tendent or  operator.  This  report  shall  be  on  a 
form  provided  for  that  purpose  and  compiled  by 
the  chief  mine  inspector,  and  the  board  of  exam- 
iners. This  report  form  may  be  changed  by  the 
chief  mine  inspector  and  board  of  examiners  from 
time  to  time,  as  may  seem  desirable  to  them. 

Sec.  5  1-2.     It  shall  be  the  duty  of  said  board  pr0mpt  in- 
to have  one  of  its  members  to  promptly  investi-vestigation  of 
gate  all  accidents  in  coal  mines  resulting  in  se- accidents- 
rious  injury  or  death  of  any  person  employed  or 
working  in  or  about  the  same. 

Sec.  6.     That  each  member  of  said  board  is 
hereby  authorized  and  empowered  to  issue  sub-  ^sue°sub- t0 
poenas  requiring  the  attendance  of  witnesses  be-poenas,  etc. 
fore  said  board  or  before  such  member  thereof,  to 
testify  under  oath  in  any  proceeding  before  such 
board  or  such  member,  and  require  witnesses  to 
answer  all  proper  questions  propounded  to  them 


MINING  LAWS  OF  ALABAMA. 

by  said  board  or  such  member.  That  it  is  hereby 
made  the  duty  of  the  sheriff  or  constable  in  the 
Sheriff,  etc.,  county  in  which  such  witness  may  reside  or  be 
found,  to  execute  subpoenas  issued  as  above  pro- 
vided, and  that  they  shall  each  receive  for  their 
services  in  executing  such  subpoenas  the  same 
fees  as  are  allowed  them  respectively  for  execut- 
ing subpoenas  in  other  cases.  Any  witnesses  sum- 
moned as  above  mentioned  shall  be  entitled  to  the 
same  mileage  and  per  diem  as  is  now  allowed  by 
law  to  such  witnesses  attending  trials  in  the  cir- 
cuit courts.  If  any  witness  subpoenaed  as  above 
mentioned  shall  fail  to  attend  without  good  ex- 
Failure  of  cuse,  in  accordance  with  the  subpoena  served  on 

witness  to  at-   ,  .  ,     ,,   .   .,   ,  ..,  r 

tend  or  testify.  him>  or  shall  fail  to  attend  without  good  excuse, 
in  accordance  with  the  subpoena  served  on  him, 
or  shall  fail  to  testify  when  attending,  it  is  hereby 
made  the  duty  of  said  board  or  the  member  before 
whom  said  proceedings  is  being  had,  to  certify 
to  the  failure  of  any  witness  to  attend  and  tes- 
tify, to  a  judge  of  any  court  of  record  in  the  coun- 
ty where  such  proceeding  is  being  held.  It  is 
hereby  made  the  duty  of  the  judge  to  whom  such 
certificate  is  made  to  cause  such  witness  to  ap- 
pear before  him  at  a  time  fixed  by  said  judge,  to 
show  cause  why  he  should  not  be  punished  for 
contempt,  and  to  fine  or  imprison  such  witness  as 
such  judge  may  deem  proper  in  case  he  is  found 
guilty  of  contempt  in  the  premises.  That  the  ex- 
Expense,  pense  of  executing  subpoenas  and  the  attendance 
ald'  of  witnesses,  as  well  as  said  contempt  proceed- 
ings, shall  be  paid  out  of  any  funds  in  the  treas- 
ury of  the  State  on  certificate  of  the  chief  mine 
inspector,  approved  by  the  governor  of  the  State. 
Sec.  7.  The  chief  mine  inspector,  shall,  prior 
to  the  assembling  of  the  legislature,  make  a  writ- 
chtef  *en  rePort  to  the  governor  stating  the  condition 
inspector.  of  the  coal  mining  interests  in  this  State  with 
such  suggestions,  statistics,  and  information  as 
may  be  of  interest  to  the  coal  mining  industry, 
and  the  report  shall  be  printed  on  the  order  of 
the  governor  and  paid  for  out  of  the  funds  of  the 
treasury  not  otherwise  appropriated. 


MINING  LAWS  OF  ALABAMA. 

Sec.  8.     The  chief  mine  inspector  shall  be  fur- 
nished  by  the  State  all  necessary  instruments  furnish?1  by 
for  measurement  of  air  in  coal  mines,  and  what-  state. 
ever  apparatus  the  said  inspector  may  recom- 
mend. 

Sec.  9.  The  chief  mine  inspector  shall  procure 
for  the  State  at  the  State's  expense  a  full  and  standards, 
complete  set  of  standards  and  other  equipment,  procured 6 
such  as,  in  his  opinion,  are  necessary  in  the 
testing  of  scales,  beams,  and  other  necessary  ap- 
paratus to  be  used  for  a  just  weighing  of  coal 
and  other  material  at  the  coal  mines  according 
to  the  State  standard  of  weights;  and  it  shall 
be  the  duty  of  said  inspector  to  examine,  test 
and  cause  to  be  adjusted  as  often  as  occasion  de- 
mands, all  scales  and  other  apparatus  used  in 
weighing  coal  at  coal  mines. 

Sec.  10.  The  chief  mine  inspector,  with  the 
concurrence  of  two  of  the  associate  mine  inspect- 
ors, shall  have  power  and  authority  to  imme- oration  of 
diately  stop  the  operation  of  any  coal  mine  orst0pped 
any  part  thereof  in  which  there  is  sufficient  gas 
or  dust,  in  the  opinion  of  the  said  chief  mine  in- 
spector and  said  associate  inspectors,  to  cause 
an  explosion  and  endanger  the  lives  of  the  per- 
sons working  therein,  but  work  shall  not  be  stop- 
ped in  any  mine  except  where  there  is  immediate 
danger  of  an  explosion  until  the  operator  or  per- 
son in  charge  of  said  mine  shall  have  had  rea- 
sonable time  in  which  to  remove  the  danger  of 
such  explosion.  Any  operator,  whose  mine  or 
any  part  thereof,  has  been  stopped  under  this  sec- 
tion, may  apply  to  the  chancery  court  of  the 
county,  where  the  mine  is  located  for  an  injunc- 
tion, and  upon  ten  days  notice  served  on  the 
chief  mine  inspector,  said  application  for  injunc- 
tion shall  be  heard  by  the  said  chancery  court, 
if  in  session,  or  by  the  chancellor  thereof,  if  the 
court  be  in  vacation,  upon  testimony  received  in 
such  manner  as  the  chancellor  may  direct,  pro- 
vided that  each  party  shall  be  entitled  to  have  all 
witnesses  produced  by  him  at  the  hearing  exam- 
ined orally  before  the  chancellor,  and  the  testi- 
mony of  each  witness  so  examined  shall  be  re- 


8 


MINING  LAWS  OF  ALABAMA. 


duced  to  writing  and  signed  by  the  witness  and 
shall  become  a  part  of  the  record  of  the  cause. 
If,  upon  such  hearing,  the  proof  shows  that  such 
mine  or  part  thereof  was  or  is  wrongfully  closed, 
then  the  chancellor,  or  chancery  court  trying  the 
same,  shall  award  a  writ  of  injunction  in  favor  of 
said  operator,  restraining  said  chief  mine  in- 
spector and  associates  from  stopping  the  operat- 
ion of  said  mine  or  part  thereof,  and  revoking 
the  order  of  said  chief  mine  inspector  and  asso- 
ciates. The  chief  mine  inspector,  or  other  repre- 
sentative of  the  State,  with  the  consent  of  the 
governor  may  employ  such  experts  as  he  deems 
necessary  to  examine  the  mine  in  question  and 
the  compensation  of  such  experts  shall  be  fixed 
by  the  governor  and  be  paid  out  of  the  State 
treasury  upon  the  order  of  the  governor.  An 
appeal  by  the  unsuccessful  party  shall  lie  to  the 
supreme  court  of  the  State  from  any  decree  of 
the  chancellor  or  chancery  court  trying  the 
cause.  In  all  such  causes  the  chief  mine  in- 
spector and  associates  shall  be  entitled  to  the  ser- 
vices of  the  solicitor  prosecuting  for  the  State 
in  the  county  where  the  the  cause  is  triable,  and 
the  governor  may  provide  special  counsel  of  his 
selection  to  represent  the  chief  mine  inspector 
and  associates  and  fix  the  compensation  of  such 
counsel,  which  shall  upon  the  written  direction 
of  the  governor  be  paid  out  of  the  moneys  ap- 
propriated by  section  fifteen  of  this  act  in  the 
manner  therein  provided. 

Sec.  11.  Immediate  notice  must  be  conveyed  to 
the  chief  mine  inspector  and  the  inspector  of  the 
Notice  to  in-  proper  district  by  the  operator  interested.  First, 
specters  by  whenever  an  accident  occurs  whereby  any  person 
receives  serious  or  fatal  injury.  Second,  When- 
ever it  is  intended  to  abandon  any  coal  mine  or 
reopen  any  abandoned  coal  mines.  Third.  Upon 
the  appearance  of  any  dangerous  accumulation 
of  fire  damp  in  any  coal  mine,  whether  accom- 
panied by  explosion  or  not,  and  upon  the  occur- 
rence of  any  fire  within  the  coal  mine  or  on  the 
surface.  Fourth.  When  the  workings  of  any 
coal  mine  are  approaching  dangerously  near  any 


operator  of 
mine  for  cer- 
tain causes. 


MINING  LAWS  OF  ALABAMA. 

-abandoned  coal  mine,  containing  accumulations 
of  water  or  of  gas.  Fifth.  Upon  the  accidental 
closing  or  intended  abandonment  of  any  passage 
way  to  an  escapement  cutlet.  But  none  of  the  in- 
formation contained  in  any  report  of  accident 
shall  be  divulged  by  any  one  of  the  inspectors,  or 
their  employees,  to  any  person  except  in  a  legal 
proceeding  or  except  it  be  to  a  member  of  the 
family  of  the  party  injured  or  killed,  or  to  a  legal 
representative  of  said  party  or  family,  and  the 
chief  mine  inspector  shall  require  such  legal  rep- 
resentative to  file  his  authority  therefor. 

Sec.  11  1-2.    It  shall  be  the  duty  of  said  board, 
whenever  notified  of  any  fatal  accident  or  ac 
dent  causing  serious  personal  injury,  to  any  per- causing  death 
son  employed  in  any  coal  mine  in  this  State  or  or  personal 
any  gas  or  dust  explosions  therein,  to  require  aln:)ury' 
member  of  said  board  to  immediately  repair  to 
the  scene  of  the  accident  or  explosion  and  inves- 
tigate the  cause  of  such  accident  or  explosion  and 
make  such  orders  as  are  necessary  or  proper  to 
secure  the  safety  of  the  persons  working  therein. 
Said  board  shall  keep  on  file  at  its  office  a  list  of 
all  accidents  resulting  in  death  or  serious  bodily 
injury  to  any  person  working  in  or  about  such 
mines.     Such  list  subject  to  examination  as  pro- 
vided in  section  11. 

Sec.  12.     Whenever  the  chief  mine  inspector 
shall  require  it,  the  owner,  operator,  or  lessee  of  Reports  fur- 
any  coal  mine  shall  send  to  the  chief  mine  in-  gp^tor  ^s  to 
spector  on  blanks  furnished  by  him  for  that  pur-  ventilation. 
pose,  a  report  showing  the  amount  of  ventilation 
at  the  inlet  and  outlet;  the  amount  of  ventilation 
at  or  near  the  last  cross  cut  in  each    split,    the 
number  of  splits  and  the  number  of  men  and  ani- 
mals on  each  split.    The  report  shall  also  include 
a  record  of  the  pressure  gauge  readings. 

Sec.  13.     On  or  before  the  twenty-fifth  day  of  Annual  report 
January  in  each  year,  the  operator  or  superin-pf  operator  to 
tendent  of  every  coal  mine  shall  send  to  the  chief  ^P6**01" 
mine  inspector  a  correct  report,  specifying  with 
respect  to  the  year  ending  with  the  thirty-first  of 
December  preceding  the  name  of  the  operator  and 
location  of  offices  of  coal  mines,  and  the  quantity 


10  MINING  LAWS  OF  ALABAMA. 

of  coal  and  kind  of  coal  mined.  The  report  shall 
be  in  such  form  and  give  such  information  re- 
garding such  mine  as  may  be  from  time  to  time 
required,  and  prescribed  by  the  chief  mine  in- 
spector. Blank  forms  for  such  report  shall  be 
furnished  by  the  chief  mine  inspector. 

Sec.  14.    The  governor  may  remove  any  chief 
Removal  of      mine  inspector  or  associate  inspector  at  any  time 
w^k  or  without  cause,  the  governor  shall  also 
have  the  power  to  fill  vacancies  occasioned  from 
any  cause. 

Sec.  15.  The  sum  of  twenty-five  thousand 
Amount  ap-  (f 25,000.00)  dollars  is  appropriated  out  of  any 
propriated  and  money  in  the  State  treasury  not  otherwise  ap- 
purpose  of.  propriated  for  each  of  the  years  1911,  1912,  1913 
and  1914,  to  pay  the  salaries  of  the  inspectors 
and  a  chief  clerk  to  be  appointed  by  the  chief 
mine  inspector  and  who  shall  receive  a  salary  of 
not  exceeding  fifteen  hundred  (f  1,500.00)  dollars 
per  annum ;  the  necessary  traveling  and  other 
expenses  incurred  by  the  members  of  the  board 
of  mine  inspectors  while  traveling  in  the  dis- 
charge of  their  official  duties,  and  for  extraor- 
dinary expenses  at  mine  disasters;  and  for  the 
payment  of  not  to  exceed  seventy-five  ($75.00) 
dollars  per  month  for  office  rent  of  said  board; 
for  the  expense  of  chief  or  associate  mine  inspec- 
tor in  attending  mine  inspectors'  conventions, 
and  for  the  rent  or  hire  of  a  telephone  at  the  res- 
idence of  each  member  of  said  board  and  tele- 
phone at  the  office  of  said  board;  for  postage 
stamps,  stationery,  and  for  the  payment  of  long 
distance  telephone  and  telegraph  messages  sent 
by  the  members  of  said  board  when  necessary 
in  the  discharge  of  their  official  duties;  also  for 
the  purchase  of  all  necessary  apparatus  usually 
required  in  an  office  of  that  character;  said  ex- 
penses will  be  paid  monthly  on  approval  by  the 
governor  of  monthly  itemized  statements  pre- 
sented to  him  by  the  chief  mine  inspector;  and 
the  State  auditor  is  authorized  and  directed  to 
draw  his  warrant  on  the  State  treasurer  in  fa- 
vor of  the  chief  mine  inspector  for  the  monthly 


MINING  LAWS  OF  ALABAMA.  ^ 

expenses  incurred  as  aforesaid,  when  so  direct- 
ed by  the  governor. 

Sec.  17.  When  any  agent  or  operator  of  any 
mine  shall  refuse  or  fail  to  comply  with  any  OP-  Failure  to  coni- 
der  or  direction  of  the  chief  mine  inspector  af- 
ter  the  expiration  of  a  reasonable  time  the  chief 
mine  inspector  may,  if  he  deem  it  advisable,  re- 
fer the  matter  to  the  judge  of  probate  in  the 
county  in  which  the  mine  is  located.  Upon  such 
reference  the  judge  of  probate  shall  set  a  day  for 
the  hearing  of  the  same  and  issue  citation  to  the 
owner  or  operator  of  the  mine  to  appear  and  con- 
test the  same  if  he  sees  proper ;  said  citation  to  be 
served  by  the  sheriff  of  the  county  at  least  ten 
days  before  the  day  of  trial.  Upon  the  applica- 
tion of  either  party,  the  judge  of  probate  must 
issue  subpoena  for  witnesses,  to  be  served  by  the 
sheriff  as  in  other  cases.  After  hearing  the  case 
the  probate  judge  must  render  such  decision  as 
he  may  deem  just  and  equitable,  from  which  de- 
cision either  party  may  appeal  to  the  circuit 
court  within  sixty  days,  when  it  shall  be  tried  de- 
novo.  Prom  the  decision  of  the  circuit  court 
either  party  may  appeal  to  the  supreme  court 
of  Alabama.  If  no  appeal  is  taken,  the  decision 
shall  be  final  and  binding  on  said  operator  or 
mine  owner,  and  any  mine  owner  or  operator  who 
refuses  to  carry  out  the  final  order  or  determi- 
nation of  the  case,  after  a  reasonable  time,  shall 
be  guilty  of  a  misdemeanor,  and  must,  on  con- 
viction be  fined  not  more  than  one  thousand  dol- 
lars. 

Sec.  18.     The  chief  mine  inspector,  who  shall 
be  ex-officio  chairman  of  the  board,  with  a  voteBord  of  ex~ 
only  in  case  of  a  tie  vote,  or  in  case  of  the  ab- 
sence  of  one  member  of  the  board,  together  with 
two  practical  miners  and  two  operators  of  coal 
mines,  and  one  mining  engineer  (a  majority  of  Power  to  ex- 
whom  shall  act)  and  all  members  of  which  board nmine- 
shall  hold  first  class  certificates,  shall  constitute 
a  board  of  examiners  to  examine  and  give  certi- 
ficates of  fitness  to  persons  to  act  as  mine  fore- 
men, or  fire  bosses,  in  any  coal  mine  in  this  State ;  Fee  pald  by 
a  fee  of  five  dollars  shall  be  paid  to  the  chiefappiicant. 


12 


MINING   LAWS   OF  ALABAMA. 


Compensa- 
tion of  ex- 
aminers. 


Meetings. 


Appointment 
and  term  of  or 
fice. 


Present    board 
continued. 


Record  kept. 


Rules  for  ex- 
aminations. 


Duplicate  cer- 
tificate fur- 
nished. 


mine  inspector  by  each  person  examined  for 
mine  foreman  certificate  and  three  dollars  for 
fire  boss  certificate,  to  be  used  as  an  examiners 
fund,  before  examination  is  begun.  Out  of  the 
examiners  fund  there  shall  be  paid  to  each  mem- 
ber of  the  board,  except  the  chief  mine  inspector, 
who  shall  serve  without  extra  pay,  four  dollars 
per  day.  Said  board  shall  meet  every  six  months 
at  the  office  of  the  chief  mine  inspector,  and  re- 
main in  session  not  longer  than  six  days  and 
special  meetings  may  be  called  by  the  chief  mine 
inspector  and  must  be  called  at  the  request  of 
three  members  of  the  board.  The  members  of 
this  board  shall  be  appointed  by  the  governor  and 
shall  hold  office  for  three  years  and  until  their 
successors  are  appointed  and  qualified  and  as 
near  as  possible  two  members  shall  be  appointed 
one  year  and  three  the  succeeding  year.  The 
present  board  shall  remain  in  office  until  their 
terms  expire  and  the  governor  shall  appoint  the 
additional  members  upon  the  passage  of  this  act, 
and  other  members  in  accordance  with  this  sec- 
tion as  the  terms  of  office  of  the  present  board 
respectively  expire.  The  chief  mine  inspector 
shall  preserve  in  his  office  a  record  of  the  meet- 
ings and  transactions  of  the  board  and  of  all  cer- 
tificates issued. 

Sec.  19.  The  examinations  herein  provided  for 
shall  be  conducted  under  such  rules,  conditions 
and  regulations  as  the  members  of  the  board 
shall  deem  most  efficient  for  carrying  into  ef- 
fect the  spirit  and  intent  of  this  act.  Such  rules, 
when  formulated,  shall  be  made  a  part  of  the  per- 
manent record  of  the  board,  and  such  of  them  as 
relate  to  candidates  shall  be  published  for  their 
information  and  governance  prior  to  each  exam- 
ination ;  they  shall  also  be  of  uniform  application 
to  all  candidates. 

Sec.  20.  In  case  of  the  loss  or  destruction  of 
a  certificate  the  chief  mine  inspector  may  supply 
a  copy  thereof  to  the  person  losing  same  upon  the 
payment  of  fl.OO,  provided,  it  shall  be  shown  to 
i  he  satisfaction  of  the  chief  mine  inspector  that 


MINING  LAWS  OF  ALABAMA.  13 

the  loss  has  actually  occurred?  and  the  loser  was 
the  holder  of  such  certificate. 

Sec.  21.    If  any  person,  or  persons  shall  forge 
or  counterfeit  a  certificate  or  knowingly  make  Penalty  for 
or  cause  to  be  made  any  false  statement  in  anyjjjjj  ^te~ 
certificate  under  this  act  or  in  any  official  copy'™ 
of  the  same,  or  shall  urge  or  influence  others  to 
do  so,  or  shall  utter  or  use  any  such  false  certifi- 
cate or  unofficial  copy  thereof,  or  shall  make, 
give,  utter,  produce,  or  make  use  of  any  false 
declaration,  representation  or  statement  in  any 
such  certificate  or  copy  thereof,  or  any  document 
containing  same,  or  make  any  false  statement  or 
misrepresentation  in  application  before  examin- 
ing board  for  any  certificate  he  or  they,  shall  be 
guilty  of  a  misdemeanor  and  his  certificate  can- 
celled or  annulled  by  the  examining  board. 

Sec.  22.     Applicants  for  first  and  second-class 
mine    foreman's    certificates    shall    be    at    least  Qualifications 
twenty-three  years  of  age,  and  shall  have  at  least  ^/^San^s 
five  years  practical   experience,  three  years  of  certificates. 
which  shall  have  been  spent  within  coal  mines 
after  having  attained  the  age  of  fifteen  years  as 
mine  worker,  superintendent,  at  or  inside  of  any 
coal  mine,  and  shall  be  citizens  of  the  United 
States,  and  shall  present  an  affidavit  as  to  the 
above  and  a  certificate  of  good  moral  character 
and  of  known  temperate  habits,  signed  by  ten 
reputable  citizens  where  he  resides.     The  said 
board  shall  be  entitled  to  grant  certificates  of 
competency  of  two  grades,  namely,  certificate  of 
the  first  class  to  persons  who  have  had  experi-  (  f 

once  in  coal  mines  generating  gases  or  accumu-  competency0  or 
lating  dust,  one  or  both,  and  who  shall  have  the  two  grades, 
necessary  qualifications  to  fulfill  the  duties  of 
mine  foreman  in  such  mines;  and  certificates  of 
second  class  to  persons  who  give  satisfactory  evi- 
dence of  their  ability  to  act  as  mine  foreman  in 
coal  mines  not  generating  explosive  gases.  Any 
person  holding  a  first-class  certificate  of  any 
other  State  may  act  as  mine  foreman  in  this 
State  until  the  first  meeting  of  the  examining 
board. 


14 


MINING  LAWS  OF  ALABAMA. 


Qualifications 
of  applicants 
for  fire  boss, 
certificates. 


Certificates 
granted. 


Foreman  may 
serve  as  fire 


Temporary 
mine  foreman 


Certificates  of 
service. 


Revocation 
or  cancella- 
tion of  cer- 
tificate. 


Sec.  23.  Applicants  for  fire  boss  certificates 
shall  be  at  least  twenty-one  (21)  years  of  age, 
and  shall  have  had  at  least  three  years  practical 
experience  within  coal  mines  after  having  at- 
tained the  age  of  fifteen  years  and  shall  be  a  cit- 
izen of  the  United  States  and  shall  present  an 
affidavit  as  to  the  above  and  a  certificate  of  good 
moral  character  and  of  known  temperate  habits 
signed  by  ten  reputable  citizens  where  he  re- 
sides. Said  board  shall  be  entitled  to  grant  cer- 
tificates of  competency  to  persons  who  have  had 
experience  in  coal  mines  generating  gases  and 
who  shall  have  the  necessary  qualifications  to 
fulfill  the  duties  of  fire  boss  in  such  mines. 

Sec.  24.  Any  one  holding  a  first-class  mine 
foreman's  certificate  may  serve  as  fire  boss. 
Whenever  any  exigency  arises  by  which  it  is  im- 
possible for  any  operator,  owner  or  lessee  to  se- 
cure the  immediate  service  of  a  certificated  mine 
foreman  or  fire  boss  he  may  employ  any  trust- 
worthy and  experienced  man,  subject  to  the  ap- 
proval of  the  State  inspector  of  the  district,  to 
act  as  temporary  mine  foreman  or  fire  boss  for  a 
period  of  not  to  exceed  sixty  days. 

Sec.  25.  Certificates  of  service  may  be  issued 
by  the  examining  board  to  persons  acting  as  fire 
bosses  at  the  time  of  the  passage  of  this  act  and 
such  certificates  shall  entitle  them  to  act,  until 
the  next  examination  for  fire  bosses. 

Sec.  26.  The  certificate  of  any  mine  foreman 
or  fire  boss  may  be  cancelled  and  revoked  by  the 
board  of  examiners,  whenever  it  shall  be  estab- 
lished to  the  satisfaction  of  said  board  that  the 
holder  thereof  has  become  unworthy  of  official 
endorsement  by  reason  of  violation  of  the  law, 
intemperate  habits,  manifest  incapacity,  abuse 
of  authority,  or  for  other  causes  satisfactory  to 
said  board;  provided,  that  any  person  against 
\vhom  charges  or  complaints  are  made  shall  have 
an  opportunity  to  be  heard  in  his  own  behalf. 
And  he  shall  have  at  least  thirty  days  notice  in 
\vriting  of  such  charges,  by  the  chief  mine  inspec- 
tor, and  if  the  holder  of  a  certificate  is  convicted 
on  the  hearing  of  such  charge  or  complaint,  of 


MINING  LAWS  OF  ALABAMA.  15 

violating  any  part  of  this  law  his  certificate  shall 
be  revoked  by  the  board.  Provided,  that  the  chief 
mine  inspector  after  a  thorough  investigation, 
may  suspend  such  holder  pending  a  meeting  of 
the  board  of  examiners  and  its  final  action. 

Sec.  27.     No  person  shall  act  as  foreman  in  in  gaseous 
any  coal  mine  in  this  State  generating  explosive  S^ 
gases  or  dust  in  quantities  sufficient  to  explode  certificate  first 
or  extend  an  explosion  unless  he  is  in  possession  grade- 
of  a  first-class  certificate  of  conipetencv.  and  no  rt 

"  '  .     Other   mines 

person  shall  act  as  foreman  in  any  coal  mine  in  8econd  grade 
this  State  which  is  non  gaseous  unless  he  is  in  may  act. 
possession  of  a  first-class  or  second-class  certifi- 
cate of  competency. 

Sec.  28.    The  duties  of  the  mine  foreman  may  Duties    f  fore 
be  performed  by  the  assistant  mine  foreman  dur-  man  performed 
ing  the  temporary  absence  of  the  mine  foreman  by  assistant 
for  a-period  not  exceeding  one  week.  temporarily. 

Sec.  29.    The  mine  foreman  shall  have  charge 
of  carrying  out  or  directing  the  carrying  out  of 
his  duties  as  prescribed  in  this  act;  and  any  per- to' discharge111 
son  who  shall  direct  or  cause  a  mine  foreman  to  duties  as  re- 
disregard  the  provisions  of    this    act,    shall    Dequired  bJ"  act- 
amenable  in  the  same  manner  as  the  mine  fore- 
man. 

Sec.  30.  Whenever  any  entry,  slope  or  head- 
ing or  other  working  places  in  any  coal  mine  con-  entry ^ 
tains  dust  which  will  ignite,  explode  or  extend  etc/ 
an  explosion,  it  shall  be  the  duty  of  the  person  or 
corporation  operating  said  mine  to  have  it  spray- 
ed or  sprinkled. 

Sec.  31.    Except  as  otherwise  provided  in  this 
act  no  person  shall  act  as  fire  boss  in  any  coal  JJjfact  as*° 
mine  in  this  State  generating  explosive  gases  un-iire  boss, 
less  he  is  in  possession  of  a  certificate  of  compe- 
tency. 

Sec.  32.     When  gas  exists  in  any  coal  mine  in 
quantities  sufficient  to  ignite  or  explode  the  own-  Mines  in  which 
er,  operator,  lessee  or  agent  of  such  mine  shall  j[J|ntft|JJ  Ir 
employ  a  competent  fire  boss  whose  duties  shall  sufficient  to 
be  to  examine  every  working  place  in  the  mine  ignite- 
before  the  men  are  permitted  to  enter  for  work. 
Said  fire  boss  shall  be  at  some  convenient  place 
for  at  least  an  hour  each  morning  to   inform 


.MIXING   LAWS   OF   ALABAMA. 


Operation  of 
machines. 


Employees  to 
inform   fore- 
man of  un- 
safe   condi- 
tion. 


Examine 
working  place, 


every  man  as  to  the  state  and  condition  of  his 
working  place  so  far  as  gas  in  dangerous  quan- 
tities is  concerned  before  entering.  Said  work 
shall  be  carefully  examined  every  morning  with 
a  safety  lamp  by  the  fire  boss  before  the  work- 
men are  allowed  to  enter  therein.  It  shall  also  be 
the  duty  of  the  fire  boss  after  each  examination  to 
leave  at  a  point  at  least  twenty-five  (25)  feet 
distant  from  the  face  of  every  slope,  drift,  entry, 
or  air  course  and  at  the  neck  of  every  room  ex- 
amined by  him  a  conspicuous  sign  or  mark  indi- 
cating the  presence  of  gas  in  dangerous  quanti- 
ties discovered  by  him,  together  with  a 
memorandum  of  the  date  of  his  exami- 
nation. It  shall  be  a  misdemeanor  on  the 
part  of  any  fire  boss  to  fail  to  perform 
any  duty  imposed  on  him  by  the  provisions 
of  this  section,  and  it  shall  be  a  misdemeanor  for 
any  person  to  enter  in  or  dangerously  near  to 
any  place  in  the  mine  in  which  he  has  been  noti- 
fied in  person  that  gas  exists  in  dangerous  quan- 
tities or  dangerously  near  to  any  place  where 
any  such  sign  or  mark  has  been  placed. 

Sec.  34.  Machine  runners  and  helpers  shall 
use  care  while  operating  machines  they  shall 
not  operate  a  machine  unless  the  shields  are  in 
place,  and  no  persons  not  engaged  in  the  operat- 
ing of  a  machine  shall  go  near  the  machine  while 
it  is  in  operation.  They  shall  not  move  the  ma- 
chine except  while  cutting,  while  the  cutting 
chain  is  in  motion.  If  they  remove  props  which 
have  been  placed  by  the  miner  or  loader  for  the 
security  of  the  roof,  they  shall  reset  such  props. 

Sec.  35.  All  employees  shall  promptly  inform 
the  mine  foreman  or  his  assistant  qf  the  unsafe 
condition  of  any  working  place,  hauling  roads  or 
traveling  ways,  or  of  damage  to  doors,  brattices, 
or  stoppings,  or  of  obstructions  in  the  air  pas- 
sages when  known  to  them.  Every  workman  em- 
ployed in  coal  mines  shall  examine  his  working 
place  before  commencing  work,  and  after  any 
stoppage  of  work  during  the  shift,  he  shall  re- 
peat the  examination. 


MINING  LAWS  OF  ALABAMA.  17 

Sec.  36.  It  shall  be  unlawful  for  any  miner, 
workman,  or  other  person  knowingly  to  injure 
any  shaft,  safety  lamp,  appliances,  air  course 
or  brattices  or  to  obstruct  or  throw  open  any  air  Unlawful  to 
way  or  carry  any  open  lamp  or  lighted  pipe  or|jjjure  shaft> 
fire  in  any  form  into  any  place  worked  by  the 
light  of  safety  lamps,  or  within  five  feet  of  any 
open  powder,  or  to  handle  or  disturb  any  part  of 
the  hoisting  machinery,  or  open  door  regulating 
an  air  current  and  not  close  the  same,  or  to  enter 
any  part  of  a  coal  mine  against  caution,  or  to  do 
any  willful  act  whereby  the  lives  or  health  of  per- 
sons working  in  coal  mines  or  the  security  of  the 
mine  or  the  machinery  thereof  is  endangered. 

Sec.  37.  There  shall  be  adopted  by  the  opera- 
tor of  every  mine  in  this  State  special  rules  for 
the  government  and  operation  of  his  mine  orRules  adopted 
mines,  covering  all  the  work  pertaining  thereto  SJerator** 
in  and  outside  of  the  same,  which  however,  shall 
not  be  in  conflict  with  the  provisions  of  the  min- 
ing laws  of  this  State;  such  rules  when  establish- 
ed shall  be  printed  on  card  board  in  the  Engfish 
language,  and  shall  be  posted  up  in  the  drum 
house,  tipple  or  some  other  conspicuous  place 
about  the  mines  where  the  same  may  be  seen  and 
observed  by  all  the  employees  at  such  mines,  and 
when  a  copy  has  been  given  an  employee  it  shall 
operate  as  a  notice  to  him  and  shall  be  conclusive 
of  his  acceptance  of  the  contents  thereof;  and  it 
shall  be  the  duty  of  each  mine  operator  to  fur- 
nish a  printed  copy  of  said  rules  to  each  of  his 
employees. 

Sec.  38.     It  shall  be  the  duty  of  persons  oper- 
ating coal  mines  in  this  State  to  keep  at  a  con- Props  and 
venient  place  at  or  near  the  main  entrance  &f  SfjKj  SJl6 
the  mine,  or  in  the  mines,  a  sufficient  supply  of  raf0r.  y  ° 
props  and  other  timbers  useful     for     propping 
therein,  of  suitable  lengths  and  sizes,  for  those 
working  in  such  mines.     It  shall  be  the  duty  of 
those  working  in  said  mines  who  need  props  or 
other  timbers  to  select  and  mark  the  same  when 
needed  for  propping  by  them,   designating  on 
such  props  or  timbers  the  place  at  which  the 


18 


MINING  LAWS  OF  ALABAMA. 


Openings  t« 
surface. 


Ventilation. 


same  are  to  be  delivered  or  give  notice  to  the  per- 
son whose  duty  it  is  to  deliver  or  have  the  same 
delivered,  of  the  number  and  kind  of  props  or 
other  timbers  needed  and  of  the  place  at  which 
they  are  to  be  delivered.  It  shall  then  be  the  du- 
ty of  the  operator  to  promptly  deliver  or  cause 
to  be  delivered  such  props  or  other  timbers  at 
the  place  designated. 

Sec.  39.  In  all  coal  mines  employing  twenty 
or  more  men  inside  at  any  one  time  it  shall  be 
the  duty  of  the  owner,  operator,  or  lessee  to  have 
and  maintain  at  least  two  available  openings  to 
the  surface  from  each  seam,  or  stratem  of  the 
coal  worked  in  such  mines,  said  openings  which 
in  case  of  slope  mines,  shall  be  separated  by  nat- 
ural strata  of  not  less  than  twenty-five  feet,  and 
in  all  mines  with  two  hundred  tons  or  over  daily 
capacity  all  stoppings  between  slopes  and  man- 
way  shall  be  made  of  fire  proof  material.  The 
said  openings  in  case  of  shaft  mines  shall  be  sep- 
arated by  not  less  than  one  hundred  feet  of  nat- 
ural strata.  Both  of  these  openings,  in  all  cases, 
shall  be  kept  in  good  condition  and  shall  be  at 
all  times  reasonably  safe  and  convenient  for  en- 
tering and  leaving  the  mines;  reasonable  time 
however,  shall  be  given  to  said  owner,  operator 
or  lessee  to  prepare  the  second  opening,  in  no 
case  exceeding  six  months  from  the  passage  of 
this  act,  unless  in  the  opinion  of  the  chief  mine 
inspector,  a  longer  time  is  required,  in  which 
case  he  shall  allow  the  additional  time  necessary. 
The  said  second  opening  may  be  made  through 
another  adjoining  mine.  At  all  points  where  the 
passage  way  to  the  escapement  shaft,  or  other 
place  of  exit,  is  intercepted  by  other  road  ways 
or  entries,  conspicuous  sign  boards  shall  be 
placed  indicating  the  direction  it  is  necessary  to 
take  in  order  to  reach  such  place  of  exit. 

Sec.  40.  The  operator  or  superintendent  of 
every  coal  mine,  whether  a  shaft,  slope  or  drift, 
shall  provide  and  hereafter  maintain  ample 
means  of  ventilation  for  the  circulation  of  air 
through  the  main  entries  and  all  other  working 


MINING  LAWS  OF  ALABAMA.  1  9 

places  to  an  extent  that  will  dilute,  carry  off  and 
render  harmless  the  noxious  and  explosive  gases 
generated  in  the  mine,  the  same  to  be  not  less 
than  one  hundred  cubic  feet  per  minute  per  man, 
and  five  hundred  cubic  feet  per  mule  or  horse, 
and  shall  be  properly  conducted  to  all  working 
places. 

Sec.   41.     No   accumulation   of  explosive  gas  Accumulation 
shall  be  allowed  to  exist  in  the  worked  out  or  of  explosive 
abandoned  parts  of  any  coal  mine  in  operation,  JJJ^Jot  al~ 
and  the  entrance  or  entrances  to  said  worked  out  Fencing  aban- 
and  abandoned  places  shall  be  properly  fenced  doned  mines, 
off,  and  cautionary  notices  shall  be  posted  upon 
said  fencing  to  warn  persons  of  danger. 

Sec.  42.    It  shall  be  the  duty  of  the  chief  mine 
inspector  to  require  that  proper  breaks  through  Breaks 
be  made  in   all  room  pillars  at  such  distance through' 
apart  as,  in  the  judgment  of  the  mine  inspector, 
may  be  deemed  requisite,  but  said  breaks  through 
shall  not  be  more  than  seventy  feet  apart. 

Sec.  43.     At  all  principal  doorways  through 
which  cars  are  hauled,  an  attendant  shall  be  em^*"  at 

T 

ployed  for  the  purpose  of  opening  and  closing 
said  doors  when  trips  or  cars  are  passing  to  and 
from  the  workings.  Sufficient  space  shall  be  pro- 
vided at  such  doorways  to  protect  the  attendants 
from  being  injured  by  the  cars  while  attending 
to  their  duties ;  provided,  that  in  any  or  all  coal 
mines,  where  doors  are  constructed  in  such  a 
manner  as  to  open  and  close  automatically  at- 
tendants and  places  for  shelter  shall  not  be  re- 
quired. 

Sec.  44.     The  doors  used  in  a  system  for  ven- 
tilating  or   regulating   the  ventilation   of   coal 
mines  shall  be  so  hung  and  adjusted  that  they  when  used 
will  close  themselves,  or  by  supplying  them  with**  ventil" 
springs  or  pulleys  so  that  they  cannot  be  left a 
standing  open.    When  ordered  by  the  chief  mine 
inspector  a  second  or  emergency  door  shall  be 
provided  at  all     points     where  doors  are  used, 
said  doors  to  be  used  in  case  of  damage  to  the 
other  door.    After  the  passage  of  this  act  no  ven- 
tilating fan  shall  be  placed  nearer  than  thirty 


20 


MINING  LAWS  OF  ALABAMA. 


Furnace  for 
ventilating  in 
gaseous  mines 
prohibited. 


Regulations, 
as  to  steam 
pipes. 


Insufficient 
ventilation. 


feet  to  an  air  shaft  or  air  course  and  shall  be 
placed  to  one  side  of  the  line  of  such  opening  so 
as  to  remove  the  fan  from  the  blast  of  an  explo- 
sion, and  the  air  duct  connecting  the  fan  with 
such  opening,  shall  be  provided  with  self  closing 
explosion  doors. 

Sec.  45.  It  shall  be  unlawful  to  use  a  furnace 
for  ventilating  any  coal  mine  where  explosive 
gas  is  generated  in  quantities  considered  danger- 
ous by  the  chief  mine  inspector  and  associate 
mine  inspector  of  the  district  in  which  such  mine 
is  located  or  where  there  is  a  known  probability 
of  cutting  into  explosive  gas  producing  territory. 
This  section  does  not  apply  to  boiler  plants  in 
mines  installed  prior  to  the  passage  of  this  act, 
unless  considered  dangerous  by  the  chief  mine 
inspector  and  associate  mine  inspector  of  the  dis- 
trict in  which  such  mine  is  located. 

Sec.  46.  No  steam  pipes  through  which  high 
pressure  steam  is  conveyed,  for  the  purpose  of 
driving  pumps  or  other  machinery,  shall  be  per- 
mitted on  travelling  or  haulage  ways,  unless  they 
are  encased  in  asbestos,  or  some  other  suitable 
non-conducting  material,  or  are  so  placed  that 
the  radiation  of  heat  into  the  atmosphere  of  the 
coal  mine  will  be  prevented  as  far  as  practicable, 
provided  that  after  the  passage  of  this  act  that 
steam  pipes  shall  be  placed  in  the  return  airway 
and  may  be  without  casing. 

Sec.  47.  If  at  any  time  the  chief  mine  inspect- 
or or  his  associates  are  notified  or  discovered  that 
the  ventilation  in  any  coal  mine  within  the  State 
is  insufficient,  the  said  chief  mine  inspector  or 
one  of  his  associates,  shall  proceed  within  five 
days  to  investigate  said  complaint  or  complaints 
by  personal  inspection  of  any  mine  or  mines  in 
which  the  quality  or  quantity  of  air  is  complain- 
ed of,  and  if  on  investigation  he  finds  that  the  air 
in  any  mine  is  insufficient,  he  shall  direct  the  op- 
erator or  operators  of  said  mines  to  adopt  such 
measures  for  the  proper  ventilation  of  said  mine 
as  he  deems  necessary. 


MINING  LAWS  OF  ALABAMA.  21 

Sec.  48.    No  person  shall  place  refuse  in  or  ob-  c.an>t  obstruct 
struct  any  airway  or  break  through  used  as  anairway>  eto' 
airway. 

Sec.  49.     It  shall  be  unlawful  for  any  miner,,  . 

,  i-ii  r.       •  Unlawful   to 

or  other  person  to  make  or  build  any  fire  in  any  build  fire  in 
coal  mine  without  the  written  permission  of  the  mine, 
superintendent  thereof. 

Sec.  50.    No  safety  lamp  shall  be  entrusted  to 
any  person  for  use  in  coal  mines  until  he  has  ^JtedL^o^mw 
given  satisfactory  evidence  to  the  mine  foreman  safety  lamp86 
that  he  understands  the  proper  use  thereof  and 
danger  of  tampering  with  the  same. 

Sec.  51.    All  safety  lamps  used  for  examining 
coal  mines  or  for  working  therein,  shall  be  the  safety  lamps, 
property  of  the  operators,  and  shall  be  in  the  care,  etc.  of. 
care  of  the  mine  foreman,  his  assistant  or  fire 
boss  or  other  competent  persons,  who  shall  fill, 
trim,  and  examine  and  deliver  the  same  locked 
in  a.  safe  condition  to  the  men  when  entering  the 
coal  mine,  before  each  shift.     A  sufficient  quan- 
tity  of  extra   safety  lamps,   but  not  less  than®3 
twenty-five  per  cent  of  those  in  use  shall  be  kept 
at  each  coal  mine  where  methane  has  at  any 
time  been  generated  in  sufficient  quantities  to  be 
detected  by  the  ordinary  safety  lamps  for  use  in 
case  of  emergency.    It  shall  be  the  duty  of  every  When  lamp  ln. 
person  who  knows  his  safety  lamp  to  be  injured  jured. 
or  defective  to  promptly  report  such  fact  to  the 
party  authorized  herein  to  receive  and  care  for 
said  lamps,  and  it  shall  be  the  duty  of  that  per- 
son to  promptly  repair  or  report  such  fact  to  the 
mine  foreman. 

Sec.  52.    Approved  safety  catches  shall  be  at- 
tached to  cage  used  for  the  purpose  of  lowering  safety  catches 
and  hoisting  persons  into  and  out  of  coal  mines,  on  cages. 
and  must  be  provided  with  suitable  sheet  iron 
covers,  at  least  one-fourth  inch  thick  and  hinged 
to  open  upward,  to  protect  persons  riding  there- 
on from  falling  objects,  and  also  with  iron  bars 
or  rings  in  proper  place,  and  sufficient  number 
to  furnish  a  secure  handhold  for  every  person 
permitted  to  ride  thereon.     An  adequate  brake  Brake, 
shall  be  attached  to  everv  drum  or  machine  for 


22  MINING  LAWS  OF  ALABAMA. 

lowering  and  hoisting  persons  into  and  out  of 
the  mine  and  also  indicators  which  shall  show  to 
the  person  who  works  the  machine  the  position 
of  the  cage  or  load  in  the  shaft  or  on  the  road 
Tubes  for  way.  And,  all  shafts  used  for  hoisting  men,  shall 
passage  of  be  equipped  with  metal  tubes  or  pipes,  suitably 
adopted  for.  the  free  passage  of  sound,  through 
which  conversation  may  be  held  between  persons 
at  the  top  and  landings  of  said  shaft  all  safety 
catches  provided  for  herein  shall  be  carefully  in- 
spected and  properly  oiled  at  least  once  a  week 
and  shall  be  at  all  times  kept  in  good  working 
condition.- 

Sec.   53.     The  main   coupling  cage  chain   in 
Test,  etc.,  of    shaft  mines  attached  to  the  socket  of  the  wire 
main  coupling  rope  may  be  tested  by  weights  or  otherwise  to 
cage  chain.       the  satisfaction  of  the"  mine  inspector  of  the  dis- 
trict wherein  the  coal  mine  is  located,  and  bridle 
chains  shall  be  attached  to  the  main  hoisting 
rope  above  the  socket,  from  the  top  cross  piece  of 
the  carriage  or  cage,  so  that  no  single  chain  shall 
be  used  for  lowering  or  hoisting  persons  into  or 
out  of  the  mines.    At  all  shafts  used  for  the  pur- 
pose of  hoisting  and  lowering  men,    the    cages 
shall  be  provided  with  automatic  self  detaching 
hooks  or  the  engines  handling  same    shall    be 
equipped  with  an  automatic  stopping  device  to 
prevent  overwinding. 

Sec.  54.    The  owner,  operator  or  lessee  of  any 
Requirements    coal  mine  shall  place  in  charge  of  any  engines 
for  operation    used    for     conveying    into     and     hoisting    out 
engines,  etc.  ()f  said  coal  mfae^  none  l>ut  a  competent  engin- 
eer.    No  other  persons  unless  authorized  by  the 
owner,  operator  or  lessee  shall  enter  the  engine 
room,  and  it  shall  be  unlawful  for  any  person 
to  interfere  with  or  intimidate  the  engineer  in 
the  discharge  of  his  duty.    No  person  shall  speak 
to  the  engineer  while  the  engine  is  in  motion, 
unless  it  be  in  giving  signals  to  him,  and  notices 
to  this  effect  shall  be  posted  on  the  door  of  the 
engine  house. 

Cable  ends  to       Sec-  55-    Tne  ends  of  all  hoisting  cables  shall 
be  secured.       be  well  secured  on  the  drum,  and  have  at  least 


MINING  LAWS  OF  ALABAMA. 


23      ^ 


two  and  a  half  laps  of  the  same  remain  on  the 
drum  when  the  cage  or  trip  is  at  rest  at  the  low- 
est landing. 

Sec.  56.  All  shafts  more  than  300  feet  deep 
from  which  hoisting  is  done  by  means  of  a  bucket  Guides  in 
must  be  provided  with  suitable  guides,  and  in  |5jJffSe°v|r 
connection  with  the  bucket  there  must  be  a  cross- 
head  traveling  upon  these  guides.  The  height 
of  the 'cross-head  shall  be  at  least  two-thirds  of 
its  width.  If  the  cross-head  be  a  type  that  is 
not  secured  to  the  hoisting  rope,  a  stopper  must 
be  securely  and  rigidly  fastened  to  the  hoisting 
rope  at  least  seven  feet  above  the  rim  of  the 
bucket. 

Sec.  57.  No  open  hook  shall  be  used  with  aQ  en  hook 
bucket  in  hoisting.  Safety  hooks  shall  be  em- prohibited, 
ployed. 

Sec.  58.  Persons  engaged  in  deepening  a  shaft 
in  which  hoisting  from  an  upper  level  is  going  Protection  of 
on  shall  be  protected  from  the  danger  of  fall 
ing  material  by  a  suitable  covering  extending 
over  the  whole  area  of  the  shaft,  sufficient  open- 
ings being  left  in  the  covering  for  the  passage 
of  men,  a  bucket  or  other  conveyance  used  in  the 
sinking  operations.  No  hoisting  shall  be  done  in 
any  compartment  of  a  shaft  while  repairs  are 
being  made  in  that  compartment,  excepting  such 
hoisting  as  is  necessary  in  order  to  make  such 
repairs. 

Sec.  59.  Any  person  riding  upon  any  cage, 
skip  or  bucket  that  is  loaded  with  tools,  timber,  Regulations  as 
powder  or  other  material  except  for  the  purpose 
of  assisting  in  passing  such  material  through  a 
shaft  or  incline  and  then  only  after  a  special 
signal  has  been  given,  shall  be  guilty  of  a  viola- 
tion of  this  act.  When  tools,  timber  or  other 
materials  are  to  be  lowered  or  hoisted  in  a  shaft, 
their  ends,  if  projecting  above  the  top  of  the 
bucket,  skip  or  other  vehicle  shall  be  securely 
fastened  to  the  hoisting  rope  or  to  the  upper  part 
of  the  vehicle.  This  shall  not  apply  to  workmen 
carrying  their  own  tools  in  a  shaft. 


24 


MINING  LAWS  OF  ALABAMA. 


Timber,  etc., 
not  to  be  car- 
ried on  mov- 
ing cage. 


Cage  not  used 
for  carrying 
men  or  mate- 
rials. 


Upper  and 
lower   landing, 
etc..  kept  clean 


Passage  way 
around  land- 
ing place. 


Cable  to  be 
used  for 
hoisting. 


Sec.  60.  No  person  shall  carry  any  timber  or 
other  materials  other  than  tools  and  the  day's 
supplies,  with  him  on  any  cage  in  motion,  ex- 
cept for  use  in  repairing  the  shaft;  and  no  one 
shall  ride  on  a  cage  containing  a  loaded  car,  or 
on  a  single  deck  cage  with  an  empty  car.  No 
cage  having  an  unstable  or  self  dumping  plat- 
form shall  be  used  for  the  carriage  of  men  or 
materials,  unless  the  same  is  provided  with  some 
convenient  device  by  which  said  platform  can 
be  securely  locked,  and  unless  it  is  so  locked 
whenever  men  or  materials  are  being  conveyed 
thereon.  No  coal  shall  be  hoisted  in  any  shaft 
while  men  are  being  lowered  therein. 

Sec.  61.  The  upper  and  lower  landing  at  the 
top  of  each  shaft  and  the  opening  of  each  inter- 
mediate seam  from  or  to  the  shaft,  shall  be  kept 
clear  and  free  from  loose  materials,  and  shall 
be  securely  fenced  with  automatic  or  other  gates, 
so  as  to  prevent  either  men  or  materials  from 
falling  into  the  shaft. 

Sec.  62.  -At  the  bottom  of  every  shaft  and  at 
every  caging  place  therein,  an  adequate  passage 
way  must  be  provided  around  said  landing  place 
to  serve  as  a  traveling  way  by  which  men  or  ani- 
mals may  pass  from  one  side  of  the  shaft  to  the 
other  without  passing  under  or  on  the  cage. 

Sec.  63.  It  shall  be  unlawful  to  use  in  any 
coal  mine  included  within  the  provisions  of  this 
act,  any  rope  or  cable  for  hoisting  or  lowering 
either  man  or  material,  when  such  hoisting  is 
done  by  other  means  than  human  or  animal 
power,  unless  such  rope  or  cable  shall  be  com- 
posed of  iron  or  steel  wires,  with  a,  factor  of 
safety  determined  as  hereinafter  set  forth,  pro- 
vided, however,  that  such  iron  or  steel  wires  may 
be  laid  around  a.  hemp  center.  The  factor  of 
safety  of  all  ropes  or  cables  shall,  when  install- 
ed in  no  case  be  less  than  five  and  shall  be  calcu- 
lated by  dividing  the  breaking  strength  of  the 
rope  as  given  in  the  manufacturers'  published  ta- 
bles by  the  sum  of  the  maximum  load  to  be  hoist- 
ed, plus  the  total  weight  of  the  rope  in  the  shaft 


MINING  LAWS  OF  ALABAMA.  25 

when  fully  let  out,  plus  ten  per  cent  of  such  val- 
ues, to  take  account  of  shock  at  starting  and  stop- 
ping. 

Sec.  63y2.    It  shall  be  unlawful  for  any  mine 
operator,    superintendent   or   mine   foreman   to  Drag  on  rear 
haul  or  cause  to  be  hauled  on  any  slope  or  plane  of  cars- 
where  the  grade  is  against  the  loaded  cars  or 
trips  of  cars  without  using  a  drag  on  the  rear 
end  of  the  cars  or  trips  of  cars  when  required 
by  two  or  more  mine  inspectors  for  the  purpose 
of  derailing  the  cars  or  trips  of  cars  in  case  they 
break  loose  and  run  back.     The  drag  may  be  of 
heavy  wrought  iron  or  of  soft  steel. 

Sec.  64.     No  driver  or  other  person  shall  de-  Driver  not  to 
scend,  or  ascend  a  shaft  with  any  horse  or  mule,  ascend  or  de- 
unless  the  said  horse  or  mule  is  secured  in  a  ^hd  animal 
suitable  box  or  safely  penned,  and  only  the  dfiv-  only  under 
er  in  charge  of  said  horse  or  mule,  and  such  as- certain  con- 
sistants  as  he  may  need,  shall  accompany  it  in 
any  case. 

Sec.  65.    The  owner,  operator  or  lessee  of  any  «.*_,,  „       nf 

.         .  A  UGia.li    map    or 

coal  mine  in  this  State,  shall  make  or  cause  to  mine— what 
be  made  by  a  competent  engineer  an  accurate must  show, 
and  exact  detail  map  of  said  mine  showing  theetc"  etc< 
exact  position  of  said  mines  in  reference  to  the 
section  line,  which  shall  be  connected  with  some 
known  boundary  line  of  the  section  or  subdivis- 
ion of  the  section.  Said  map  shall  show  accu- 
rately the  position  of  any  branches,  creeks,  riv- 
ers or  railroads  under  which  said  mine  may  ex- 
tend ;  also  as  near  as  possible  the  position  of  any 
old  coal  mine  nearby.  The  location  of  all  oil 
and  gas  wells  shall  be  shown  on  said  map.  Said 
maps  shall  show  all  shafts,  slopes,  tunnels  or 
other  openings  to  the  surface  or  to  the  workings 
of  a  contiguous  coal  mine;  all  excavations,  en- 
tries, rooms  and  cross-cuts;  the  location  of  the 
fan  and  furnace  and  the  direction  of  the  air  cur- 
rents; the  location  of  pumps,  hauling,  engines, 
engine  planes,  abandoned  works,  fire  walls  and 
standing  water;  and  the  boundary  line  of  any 
surface  outcrop  of  the  seam.  A  separate  and 
similar  map,  drawn  to  the  same  scale  in  all  cases, 


26  MINING  LAWS  OF  ALABAMA. 

shall  be  made  of  each  and  every  seam,  which 
after  the  passage  of  this  act,  shall  be  worked  in 
any  coal  mine  and  the  maps  of  all  such  seams 
shall  show  all  shafts,  inclined  planes  or  other 
passage  ways  connecting  the  same.  Each  map 
shall  also  show  by  elevation  in  feet  and  decimals 
thereof  the  rise  and  dip  of  the  seam  from  the 
opening  in  either  direction  to  the  face  of  the 
workings.  Said  map  shall  be  sworn  to  by  the 
engineer  making  same.  The  map  provided  for 
herein  shall  be  filed  with  the  chief  mine  inspect- 
or during  the  month  of  January,  next  after  open- 
ing of  said  mine,  and  shall  show  its  condition  on 
the  first  day  of  such  January,  and  all  new  work 
inside  of  the  mine  must  be  added  to  said  map,  or 
a  new  map  filed  each  year  thereafter,  showing 
the  condition  of  the  mine  on  the  first  day  of  Jan- 
uary of  the  same  year,  and  this  provision  for  ad- 
ditions to  maps  shall  apply  to  all  maps  which 
have  heretofore  been  filed  in  the  office  of  the 
chief  mine  inspector.  Said  maps  shall  be  filed 
in  the  office  of  the  chief  mine  inspector,  who 
shall  provide  a  suitable  and  safe  place  for  keep- 
ing them.  The  chief  mine  inspector  with  the  ap- 
proval of  the  board  of  examiners  may  refuse  to 
accept  maps  made  by  persons  claiming  to  be 
mining  engineers  who  are  not  known  to  be  such 
and  of  good  standing  and  character  in  their  pro- 
fession. The  mine  boss  in  charge  of  such  mine 
shall  certify  to  the  correctness  of  such  map,  to 
Ihe  best  of  his  knowledge  and  belief,  and  the  ad- 
ditions made  thereto.  Said  map  shall  be  made  on 
a  uniform  scale  of  one  hundred  or  two  hundred 
feet  to  the  inch.  The  persons  entitled  to  examine 
maps,  plats  and  records  of  a  coal  mine  shall  be 
the  owner,  operator  or  lessee  or  agent  of  such 
coal  mine,  the  persons  financially  interested  in 
such  mine;  the  owner,  or  owners,  of  land  ad- 
joining such  mine;  the  owner  or  owners  of  land 
adjacent  to  such  mine;  the  owner,  operator,  les- 
see or  agent  of  a  coal  mine  adjacent  to  such  mine, 
and  the  authorized  representatives  of  the  em- 
ployees of  such  or  the  employees  driving  any 


MINING  LAWS  OF  ALABAMA.  27 

break  through  liable  to  break  into  adjacent  mine. 
The  chief  mine  inspector  shall  not  permit  such 
maps,  plans,  records  and  papers  to  be  removed 
from  his  office,  and  shall  not  furnish  copies  there- 
of to  any  persons  except  by  request  of  the  owner, 
operator,  lessee  or  agent  of  the  mine  to  which 
such  maps,  plans  and  records  pertain.  The  chief 
mine  inspector  during  the  first  three  days  of 
January  of  each  year,  shall  forward,  or  cause  to 
be  forwarded  by  express,  or  by  other  safe  means 
of  transmitting  at  the  expense  of  the  owner,  op- 
erator or  agent  of  the  respective  coal  mines,  all 
maps  on  file  in  his  office  of  mines  in  operation 
to  the  chief  office  of  the  respective  mine  as  such 
chief  office  shall  be  reported  to  him,  in  order  that 
said  map  may  be  revised  showing  the  condition 
of  the  mine  on  the  first  day  of  January  of  each 
year  and  such  owner,  operator  or  agent  of  each 
mine  in  this  State  shall  have  such  maps  revised 
during  the  month  of  January  of  each  year,  and 
return  the  same  to  the  office  of  the  chief  mine 
inspector  charges  prepaid,  during  the  said  month 
of  January. 

Sec.  66.     Whenever  the  operator  of  any  coal 
mine  shall  neglect  or  refuse,  or,  for  any  cause  Penalty  for 
not  satisfactory  to  the  chief  mine  inspector,  fail  failure  to  fur- 
for  the  period  of  three  months,  to  furnish  to nish- 
said  inspector  the  map  or  plan  of  such  mine,  or 
a  copy  thereof,  or  of  the  extension  thereto,  as 
provided  for  in  this  act,  such  operator  shall  be 
deemed  guilty  of  a  misdemeanor.     In  addition 
thereto  the  chief  mine  inspector  is  hereby  au- 
thorized to  make  or  cause  to  be  made,  an  accu- 
rate map  or  plan  of  such  mine  at  the  expense  of 
the  owner  thereof;  and  the  cost  of  the  same  may 
be  recovered  by  law  from  the  operator  in  the 
same  manner  as  other  debts  by  suit,  in  the  name 
of  the  chief  mine  inspector  and  for  his  use. 

Sec.  67.  If  the  chief  mine  inspector  shall  be- 
lieve that  any  map  or  plan  of  any  coal  mine  made 
or  furnished  in  pursuance  of  the  provisions  of 
this  act  is  materially  incomplete,  inaccurate,  or 
imperfect,  then  the  chief  mine  inspector  is  here- 


28  MINING  LAWS  OF  ALABAMA. 

by  authorized  to  cause  a  correct  survey  and  map 
or  plan  of  said  mine  to  be  made  at  the  expense 
of  the  operator  thereof,  the  cost  of  which  shall 
be  recoverable  from  said  operator  as  other  debts 
are  recoverable  by  law;  provided,  that  when  the 
chief  mine  inspector  shall  cause  a  new  survey 
and  map  or  plan  of  any  such  coal  mine,  and  it 
is  found  that  the  map  or  plan  furnished  by  the 
operator  was  substantially  correct,  then  the  cost 
of  the  survey,  map  or  plan  caused  to  be  made  by 
the  chief  mine  inspector  shall  be  paid  by  the 
State. 

Sec.  68.  The  chief  mine  inspector  may  order 
ordered  mfy  fa- a  survev  to  ^  made  between  the  regular  survey 
spector.  periods,  of  the  workings  of  any  coal  mine  and 

the  results  to  be  extended  on  the  maps  of  the 
same  and  the  copies  thereof,  whenever,  in  his 
judgment,  the  safety  of  the  workmen,  the  sup- 
port of  the  surface,  and  the  conservation  of  the 
property  or  the  safety  of  an  adjoining  coal  mine 
require  it. 

Sec.  09.     When  any  coal  mine  is  worked  out, 
or  is  about  to  be  abandoned  or  indefinitely  closed, 
Final  surve      tne  °Perator  of  the  same  shall  make  or  cause  to 
when  mine       be  made  a  final  survey,  where  not  already  made, 
worked  out,      of  all  parts  of  such  mine  and  the  results  of  the 
same  shall  be  duly  extended  on  all  maps  of  the 
mine  and  copies  thereof,  so  as  to  show  all  exca- 
vations and  the  most  advanced  workings  of  the 
mine  and  their  exact  relation  to  the  boundary 
or  section  lines  on  the  surface  and  such  aban- 
doned mines  shall  be  properly  fenced  off. 

Sec.  70.     When  it  is  known  that  a  place  is 
likely  to  obtain  a  dangerous   accumulation   of 
Precautions      gases  or  water,  workings  when  approaching  such 
d^SeSmf  oo  Places,  shall  not  exceed  eight  feet  in  width,  and 
account  of        the  person,  or  persons,  driving  such  place,  shall 
>r  gas.   constantly  keep  at  a  sufficient  distance  ahead, 
not  less  than  three  yards  in  advance,  one  bore 
hole  near  the  center  of  the  working,  and  one  in 
each  corner  15  feet  deep,  at  an  angle  of  forty- 
five  degrees,  at  intervals  of  six  feet.    These  holes 
shall  not  be  used  for  blasting  but  separate  holes 


MINING  LAWS  OF  ALABAMA.  29 

for  blasting  not  over  four  feet  deep,  must  be 
drilled.  These  precautions  must  begin  at  least 
100  feet  from  the  probable  source  of  danger. 

Sec.  71.     In  any  coal  mine,  or  coal  mines,  or 
parts  thereof,  wherein  water  may  have  been  al-  Lawful  to  tap 
lowed   to   accumulate   in   large  and   dangerous  et!p.  .water  in 
quantities,  putting  in  danger  the  adjoining  or  mine1011 
adjacent  coal  mines,  and  the  lives  of  the  miners 
working  therein,  and  when  such  can  be  tapped 
and  set  free  and  flow  by  its  own  gravity  to  any 
point  of  drainage,  it  shall  be  lawful  for  any  op- 
erator or  person  having  a  mine  so  endangered, 
with  the  approval  of  the  chief  mine  inspector,  to 
proceed  and  remove  the  said  danger  by  driving  a 
drift  or  drifts  protected  by  bore  holes  as  provid- 
ed by  this  act,  and  in  removing  said  danger  it 
shall  be  lawful  to  drive  across  property  lines  if 
iteedful,  provided,  that  all  coal  removed  in  such 
driving    from    adjacent    land    shall     be    paid 
for    on    the    basis    of    25    cents    per    ton    of 
2,000     pounds.     And,     it     shall     be     unlawful  Lbnltarwf"1  to 
for  any  person  to  dam  or  in  any  way   obstruct  Sow™ 
the  flow  of  water  from  said  mine  or  parts  there- 
of, when  so  set  on  any  part  of  its  passage  to  point 
of  drainage. 

Sec.  72.    In  no  case  shall  the  workings  of  any 
coal  mine  be  driven  nearer  than  15  feet  to  the  i^mn  on 
boundary  line  of  the  coal  rights  of  the  owner  workings  to 
of  said  mine,  except  for  the  purpose  of  establish-  ^""dary  line. 
ing  an  underground  communication  between  con- 
tiguous mines,  as  provided  for  elsewhere  in  this 
act.     Provided,  that  by  mutual  consent  of  adja- 
cent property  owners,  this  distance  may  be  re- 
duced or  eliminated  entirely  and  provided,  fur- 
ther, that  any  operator  working  up  to  an  aban- 
doned coal  mine  may  be  permitted  to  work  to  his 
property  line  if  approved  by  the  chief  mine  in- 
spector, but  in  such  cases  proper  precautions 
must  be  taken  as  provided  in  this  act. 

Sec.  73.  'Whenever  the  owner,  operator  or  les- 
see of  any  land  adjacent  to  other  land  on  which 
any  coal  mine  is  being  worked,  shall  have  reason 


30 


MINING  LAWS  OF  ALABAMA. 


Proceedings  of 
owner    of   ad- 
jacent land  has 
cause  to  be- 
lieve  that 
work   has   en- 
croached on 
his  land. 


Regulations 
as  to  use  of 
gasoline  and 
naptha. 


to  believe  that  such  mine  is  being  so  worked  as 
to  encroach  upon  his  land,  and  has  been  refused 
by  the  owner,  operator  or  manager  of  the  mine, 
permission  at  reasonable  time  to  enter  upon  said 
mine  with  a  competent  engineer  for  the  purpose 
of  inspecting  and  surveying  such  mine,  he  may 
make  application  under  oath  to  the  probate  court 
of  the  county  in  which  the  mine  is  situated,  set- 
ting out  the  facts  and  praying  for  an  order  that 
such  mine  shall  be  surveyed.  Upon  the  hearing 
after  such  notice  to  the  owner,  operator  or  lessee 
of  the  mine,  as  the  court  may  prescribe,  the  court 
may  make  an  order  requiring  the  chief  mine  in- 
spector to  employ  a  competent  engineer  to  make 
a  survey  of  such  mine  and  file  such  survey  in 
the  office  of  the  judge  of  probate  and  such  survey 
when  filed  shall  be  received  in  any  court  as  pri- 
ma  facie  correct.  The  court  may  at  any  time  dur- 
ing the  progress  of  the  proceedings  require  se- 
curity for  costs  and  may  tax  the  costs  in  such 
manner  as  may  be  just  and  equitable. 

Sec.  74.  No  gasoline,  or  naptha,  shall  be  used 
in  a  coal  mine,  excepting  for  operating  machin- 
ery, blow  torches,  safety  lamps  or  for  operating 
under  the  following  regulations :  Notice  shall 
be  made  to  the  chief  mine  inspector  before  in- 
stalling, and  the  installation  and  operation  shall 
be  subject  to  his  approval.  The  supply  tank 
from  which  the  gasoline  or  naptha  is  fed  to  the 
engine,  shall  be  of  metal  with  a  suitable  screw 
cap  opening,  fitted  with  a  gasket  so  as  to  make 
the  tank  tight  and  the  tank  kept  free  from  leaks ; 
the  gasoline  or  naptha  shall  be  fed  from  a  tank 
to  the  carburetor  or  mixer  by  metal  tubes  secure- 
ly connected  so  as  to  reduce  the  possibility  of 
leaks  to  a  minimum;  the  exhaust  from  the  en- 
gine, when  discharged  in  the  mine,  must  not  con- 
tain more  than  12  volumes  of  carbon  dioxide  and 
1  volume  of  carbon  monoxide  to  10,000  volumes 
of  air.  At  no  time  shall  there  be  more  than  two 
davs'  supply  of  gasoline  or  naptha  in  the  supply 
tanks ;  at  no  time  shall  more  than  one  day's  sup- 
ply of  same  be  taken  into  the  mine  at  anv  one 


MINING  LAWS  OF  ALABAMA.  31 

time  and  at  no  time  shall  there  be  more  than  two 
days'  supply  in  the  mine;  including  that  in  the 
supply  tank.  No  gasoline  or  naptha  shall  be 
taken  into  the  mine  except  in  metallic  cans, 
with  a  screw  cap  opening  at  the  top,  fitted  with 
a  suitable  gasket;  no  package  or  can  or  the  sup- 
ply tank  of  an  engine,  containing  gasoline  or 
uaptha  shall  be  opened  until  ready  to  make  the 
transfer  from  the  package  or  can  to  the  supply 
tank,  and  in  transferring,  a  funnel  shall  be  used 
so  as  to  avoid  spilling  the  gasoline  or  naptha, 
and  the  cap  on  the  supply  tank  shall  be  imme- 
diately closed;  in  no  case  shall  the  package,  can, 
or  the  supply  tank,  be  opened  with  any  open 
light  or  other  thing  containing  fire  within  twen- 
ty-five feet  of  the  same. 

Sec.  75.    The  oiling  or  greasing  of  cars  inside 
of  coal  mines  is  strictly  forbidden,  unless  the  piling  cars 
place  where  said  oil  or  grease  is  used  is  kept  rea-  ^bidden  mine 
sonably  clean.     Not  more  than  one  barrel  of  lu- 
bricating oil  shall  be  permitted  in  the  mine  at 
any  one  time.    No  explosive  oil  shall  be  used  or 
taken  into  the  mines  for  lighting  purposes  except  Oils  used  and 
when  used  in  approved  safety  lamps  and  ilium-  quantity  per- 

inatiug  oil  shall  not  be  stored  or  taken  into  mines  mjtted  in 

....  ,.        ,,  ,,  mine, 

in  quantities  exceeding  five  gallons.    Any  person 

using  explosive  or  impure  oils  in  any  coal  mine 
contrary  to  any  of  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor ;  provided,  this  Penalty  for 
does  not  apply  to  gasoline  used  in  gasoline  en-  violation, 
gines  or  pumps,  or  naptha,  so  used. 

Sec.  76.     It  shall  be  unlawful  for  any  work- 
man to  fire  a  blast  without  first  notifying  all  per-  Notice  must  be 
sons  in  the  immediate  working  places  of  that  en- &™  j^0tre 
try,  and  without  giving  sufficient  alarm  so  that 
any    person    or    persons    approaching    shall    be 
warned  of  danger. 

Sec.  77.     It  shall  be  unlawful  for  any  miner  Hole  cleanecl 
to  charge  any  hole  for  blasting  coal  before  the  before  being 
hole  has  been  thoroughly  cleaned  of  dust  by  suit-  charged, 
able  scraper.     It  shall  be  unlawful  for  any  min- 
er to  tamp  any  blasting  hole  with  coal  or  other 
inflammable  material  and  it  shall  be  the  duty  of  Tamping  hole. 


32 


MINING  LAWS  OF  ALABAMA. 


Clay,  etc. 
provided. 


When  firing 
restricted — un- 
lawful  to  fire 
at  other  time. 


When  consent 
of   foreman 
necessary   to 
fire  shot. 


Use  of  squibs, 
etc. 


Shout  "fire." 
Fuse  must  be 
of  sufficient 
length. 


When  person 
can  return  to 
missed  shot. 


the  owner,  operator  or  lessee  of  any  coal  mine 
wherein  clay  or  other  non-inflammable  material 
suitable  for  use  in  tamping  in  preparing  shots 
cannot  be  readily  obtained  to  provide  and  depos- 
it within  said  mine  such  material  in  each  work- 
ing heading,  and  such  miner  shall  keep  a  suffi- 
cient quantity  of  clay  or  other  non-inflammable 
material  convenient  to  his  working  place,  and  in 
case  he  has  not  the  necessary  supply  of  clay  or 
other  non-inflammable  material  for  tamping  pur- 
poses he  shall  not  charge  any  blasting  hole  until 
the  same  has  been  procured. 

Sec.  78.  At  a  coal  mine  where  the  firing  of 
shots  is  restricted  to  specific  times,  it  shall  be  un- 
lawful for  any  miner  to  fire  a  shot  until  the 
time  appointed  for  him  to  do  so,  and  then  only 
in  such  rotation  as  designated. 

Sec.  79.  It  shall  be  unlawful  for  any  miner, 
shot  firer  or  workman  to  fire  a  blast  in  any  work- 
ing place  which  is  likely  to  generate  sudden  vol- 
umes of  fire-damp,  or  where  locked  safety  lamps 
are  used,  except  with  the  consent  of  the  mine 
foreman,  or  other  competent  person  designated 
by  the  mine  foreman  for  that  purpose. 

Sec.  80.  A  miner,  workman  or  shot  firer  who 
is  about  to  explode  a  shot  with  a  manufactured 
squib,  shall  not  shorten  the  match  thereof  or 
saturate  with  oil  or  ignite  it  except  at  the  end ; 
and  he  shall  see  that  all  persons  are  out  of  dan- 
ger from  the  probable  effects  of  such  shots,  and 
whether  using  squibs  or  fuse  shall  take  measures 
to  prevent  anyone  approaching  by  shouting  "fire" 
immediately  before  lighting  the  same. 

Sec.  81.  It  shall  be  unlawful  for  any  miner, 
workman  or  shot  firer  to  explode  any  shot  with  a 
fuse  of  insufficient  length  to  project  from  the 
hole,  when  the  cartridge  is  at  the  back  of  the  hole, 
and  in  no  case  less  than  three  feet  or  to  fire  any 
shot  which  is  not  tamped  the  full  length  of  the 
hole. 

Sec.  82.  No  person  shall  return  to  a  missed 
shot,  if  lighted  with  a  squib  until  five  minutes 
have  elapsed  from  the  time  of  lighting  the  same, 
or  if  lighted  with  fusef  until  the  following  day ; 


MINING  LAWS  OF  ALABAMA.  33 

and  no  person  shall  return  to  a  missed  shot 
when  the  firing  is  done  by  electricity  unless  the 
wires  are  disconnected  from  the  battery  or  pow- 
er line. 

Sec.  S3.  Whenever  a  workman  is  about  to 
open  a  box  or  can  containing  powder  or  other  ex- 
plosive, and  while  handling  the  same,  he  shall  Regulations 
place  his  lamp  at  least  five  feet  distant  from  said  as  to  opening 
explosive,  and  in  such  position  that  the  air  cur-  '>owder- 
rent  cannot  convey  sparks  to  it,  and  no  person 
shall  knowingly  approach  nearer  than  ten  feet  to 
any  open  box  containing  an  open  can  of  powder 
or  other  explosive  with  a  lighted  lamp,  lighted 
pipe,  or  other  thing  containing  fire.  No  miner, 
workman,  or  other  person  shall  open  any  keg, 
can  or  other  container  of  blasting  powder  with 
any  pick,  wedge,  tool  or  in  any  manner  except  by 
the  means  of  opening  of  the  same  provided  by  the 
manufacturer  thereof,  and  it  shall  be  unlawful, 
and  a  violation  of  this  act,  for  any  person  to 
have  in  his  possession  in  any  mine  any  can  or 
ether  container  of  blasting  powder  containing 
blasting  powder,  which  has  been  opened  in  viola- 
tion of  this  act. 

Sec.   84.      Every  person   who  has  powder  or 
other  explosive  in  a  coal  mine  shall  keep  same  in  Re  ulations  as 
a  wooden  box  securely 'locked,  with  hinged  lid,  tokening 
and  said  box  shall  be  kept  as  far  as  practicable  powder  in 
from  the  track ;  and  said  powder  boxes  shall  be  mme< 
kept  as  far  as  practicable  from  each  other  and 
each  in  a  secluded  place,  nor  shall  any  explosive 
be  kept  nearer  than  100  feet   to  any  working 
place.    All  black  powder  or  other  loose  blasting 
material  shall  be  carried  into  the  mine  by  the 
miner  in  a  proper  receptacle  with  a  securely  fas- 
tened top. 

Sec.  85.     No  blasting  powder  or  other  explo- 
sives shall  be  stored  in  any  coal  mine  and  no  J*°wder  no*  . 

,     ,,   ,  *7..  .,  to  be  stored  m 

workman  shall  have  at  any  time  more  than  the  mine,  etc- 
supply  allowed  by  the  rules  and  regulations  of 
the  mine,  and  in  no  case  shall  more  than  one  kind 
of  explosives  be  used  in  any  one  drill  hole;  pro- 
vided, that  nothing  in  this  section  shall  be  con- 


34 


MINING  LAWS  OF  ALABAMA. 


strued  to  prevent  the  operator  from  taking  into 
the  mine,  under  proper  precautions,  a  sufficient 
quantity  of  explosives  for  the  reasonable  require- 
ments of  such  mine  for  the  next  succeeding  work- 
ing day. 

Sec.  86.  It  shall  be  unlaAvful  for  any  person  to 
Unlawful  to  take  or  nave  in  nis  possession  or  under  his  con- 
have  expio-  trol  within  any  coal  mine,  any  explosive  not 
sive  in  mine  permitted  in  the  mine  by  the  rules  of  said  mine. 
ExpiosTv^not  Sec.  87.  No  stocks  of  "blasting  powder  and  ex- 
kept  in  wood-  plosive  materials  shall  be  kept  for  storage  in  a 
en  structure.  WOO(jen  structure. 

Sec.  88.     It  shall  be  unlawful  for  any  person 
to  take  or  have  in  his  possession  or  under  his 
hanveWdfynamite,  control  within  any  coal  mine  in  the  State  of  Ala- 
etc.,  in  mine    bama,    any    dynamite,    or    any    other    explosive 
if  prohibited.    which  may  be  prohibited  by  the  rules  and  regula- 
tions of  said  mine  from  being  in  said  mine,  un- 
less such  person  shall  first  have  the  written  con- 
sent of  the  mine  foreman   or  other  person   in 
charge  of  the  operation  of  said  mine,  which  said 
Exception.        consent  in  writing  shall  set  forth  the  use  for 
which  any  such  dynamite  or  other  prohibited  ex- 
plosives may  be  particularly  intended. 

Sec.  89.  The  owner  or  operator  of  each  coal 
mine,  at  which  the  miners  are  paid  by  weight, 
owners^a11  Proyide  such  mines  with  suitable  scales  of 
when  miners  standard  make  for  the  weighing  of  all  coal,  when 
paid  by  weight,  contracted  for  to  be  weighed. 

Sec.  90.    All  coal  mined  in  this  State,  contract- 
ed for  payment  by  the  ton  or  other  weight  shall 
Cof  weighed  fce  weighed,  and  the  full  weight  thereof  shall  be 

and  credit  giv-         ,.,  *    ,     ' 

en  miner,  2,000  credited  to  the  miner  of  such  coal,  and  two  thou- 

pounds  a  ton.  sand  pounds  of  coal  shall  constitute  a  ton. 

Sec.  91.    In  all  coal  mines,  the  miners  employ- 
ed and   working  therein   may  furnish   a   check 
mh<nCkmWelbh    wci£nnian,  who  shall,  at  proper  times,  have  full 
furnished  by     Access  and  examination  of  the  scales,  and  see 
miners;  duties, all  measures  and  weights  and  accounts  kept  of 
same;  provided,  that  not  more  than  one  person 
shall  have  such  right  of  access,  examination  and 
inspection  of  scales,  measures  and  accounts  at 
the  same  time. 


MINING  LAWS  OF  ALABAMA.  35 

Sec.  92.     The  mine  inspector,  miners  employ- 
ed in  the  coal  mines  and  the  owner  of  the  land  orPersong  hav. 
persons  interested  in  the  rental  and  royalty  of  ing  access  to 
such  mines,  shall  at  all  times  have  full  right  of scales>  etc- 
access  to  scales  used  at  said  mines,  including  tal- 
ly sheets  or  tally  book  in  which  the  weight  of 
coal    is  kept,  to    examine   the    amount   of   coal 
mined,  for  the  purpose  of  testing  the  accuracy 
thereof. 

Sec.  93.  It  shall  be  the  duty  of  the  owner,  op- 
erator or  lessee  or  superintendent  of  each  coal  stretcher,  etc. 
mine  to  keep  at  or  near  the  mouth  of  the  mine,  ke 
or  at  such  other  place  about  or  in  the  mine  as 
shall  be  designated  by  the  chief  mine  inspector, 
a  stretcher,  properly  constructed,  and  so  arrang- 
ed that  it  may  be  carried  on  top  of  the  mine  car 
without  slipping,  and  a  woolen  and  water  proof 
blanket  in  good  condition,  for  use  in  carrying 
away  any  person  who  may  be  injured  at 
the  mines;  and  where  more  than  100  men  are 
employed  two  stretchers  and  two  woolen  and 
water  proof  blankets  shall  be  kept  at  or  in  mines 
generating  fire  damp.  A  sufficient  quantity  of 
linseed  oil,  olive  oil  or  sterilized  sweet  oil  kept 
in  close  packages,  and  also  carbolized  vaseline, 
bandages,  and  linen  shall  be  kept  in  the  store  at 
the  mines  or  at  such  other  place  as  would  be 
convenient  to  the  mines  for  use  in  emergencies 
and  bandages  shall  be  kept  at  all  times. 

Sec.  94.     Any  building,  erected  after  the  pas- 
sage of  this  act,  for  the  purpose  of  housing  the  • 
hoisting  engine  or  boilers  at  any  shaft,  shall  be  housing  hoist- 
substantially  fireproof  and  no  boiler  house  shall  ing  engine,  etc. 
be  nearer  than  sixty  feet  to  the  main  shaft,  orto  be  fireproof, 
opening,  or  to  any  inflammable  structure  con- 
nected therewith. 

Sec.  95.    After  the  passage  of  this  act,  it  shall 
be  unlawful  to  place  a  main  or  principal  venti-  to  be  placed  in- 
lating  fan  inside  of  any  coal  mine.  side  of  mine- 

Sec.  96.     The  owner,  operator,  lessee  or  agent  Regulations 
of  a  coal  mine  at  which  the  live  stock  is  kept  as  to  stable 
underground,  shall  observe  the  following:     The  J^  }££t  un 
stable  or  stalls  shall  be  separated  from  the  main  der  ground. 


36 


MINING  LAWS  OF  ALABAMA. 


Lighted  pipe, 
etc,  not  al- 
lowed   in 
stable. 


inlet  and  main  outlet  air  courses  by  not  less  than 
twenty  feet  of  solid  strata  or  a  solid  wall  of 
brick  masonry  not  less  than  twelve  inches  in 
thickness,  except  at  two  doors  not  more  than  five 
feet  wide,  which  shall  be  made  of  steel  plate  not 
less  than  one-quarter  of  an  inch  in  thickness  and 
hinged  to  the  solid  strata  or  masonry  without 
the  use  of  wood;  the  ventilation  for  the  stable 
shall  be  taken  from  the  main  inlet  air  courses  by 
a  by-pass  or  separate  split  and  returned  to  the 
main  outlet  air  course  so  that  the  air  passing  the 
stables  will  not  enter  the  inward  working  places 
of  the  mine,  and  arranged  so  that  the  by-pass  or 
split  can  readily  be  closed  at  both  inlet  and  out- 
let sides  of  the  stable  by  steel  doors  described 
above;  the  construction  of  the  stable  inside  shall 
be  free  from  pine  or  light  lumber ;  shall  be  of 
brick  masonry  as  much  as  practicable,  and  any 
timber  used  shall  be  of  hardwood  of  a  cross  sec- 
tion not  less  than  three  by  six  inches;  no  hay  or 
straw  shall  be  taken  into  the  mine  or  stable  un- 
less the  same  be  compressed  into  compact  bales, 
and  then  only  from  time  to  time  in  such  quantity 
as  will  be  required  for  two  days'  use;  no  greater 
quantity  of  hay  or  straw  shall  be  stored  in  the 
mine  or  stable,  and  when  such  is  taken  into  the 
mine  it  shall  be  taken  inside  the  stable  at  once; 
the  lights  used  inside  the  stable  shall  be  incan- 
decent  electric  lamps,  placed  so  that  the  same 
will  not  be  injured  by  the  stock  or  persons  re- 
quired to  enter  the  stable,  or  lanterns  of  rail- 
road type  suitable  for  using  lard  or  signal  oil, 
and  only  such  oil  shall  be  used  therein ;  all  re- 
fuse and  waste  shall  promptly  be  removed  from 
the  stable  and  mine  and  shall  not  be  allowed  to 
accumulate.  Stables  constructed  underground, 
after  the  passage  and  approval  of  this  act  shall 
be  located  not  nearer  than  one  hundred  and  fifty 
feet  of  any  opening  to  the  mines  used  as  a  means 
of  ingress  and  egress. 

Sec.  97.  It  shall  be  unlawful  for  any  person 
to  take  a  lighted  pipe  or  other  thing  containing 
fire,  except  lanterns  as  provided  for  in  the  pre- 


MINING  LAWS  OF  ALABAMA.  37 

ceding  section  into  any  stable  in  any  coal  mine 
in  this  State. 

Sec.  98.     No  person,  or  persons,  except  those 
in  charge  of  trips,  superintendents,  mine  fore-  Persons  per- 
inen,    electricians,    machinists  and  blacksmiths  mitted  to  ride 
and  others,  when  required  by  their  duty  shall  ° 
ride  on   haulage  trips,  except  a  special  trip  of 
entry  cars  may  be  operated  for  the  purpose  of 
taking  employees  into  and  out  of  the  mine,  when 
the  distance  to  and  from  their  work  exceeds  one 
mile.     No  person,  excepting  trip  riders,    shall 
ride  on  loaded  car  or  cars,  and  they  shall  ride 
only  the  front  or  rear  end  of  the  trip. 

Sec.  99.     No  other  person  shall  be  allowed  to 
travel  on  foot  to  or  from  his  work  on  any  incline  [^ave^oiTI'oot,0 
plane,  rope  or  locomotive  roads,     when     other  on  piane.  etc. 
roads  are  provided    for  that    purpose.     Regula- 
tion    concerning    the  installation,    maintenance 
and  operation  of  electrical  apparatus    in    coal 
mines  in  the  State  of  Alabama. 

Sec.  100.     Voltage. — Rule  1.     Electrical  pres- 
sure or  voltage  referred  to  in  these  regulations  is 
understood  to  mean  that  measured  on  all  ap-  Regulations 
paratus  wires  and  cables  installed  and  used  un- concerning  the 
derground.    It  not  only  applies  to  voltages  ineas-  J^inie^ance 
ured  between  terminals,  conductors,  etc.,  but  al- Sc!,n  o?aSe&- 
so  to  the  voltage  measured  between  any  one  con-  tricai  appara- 
ductor,  terminal,  etc.,  and  the  earth.     Rule  2. tus' 
Three  systems  of  voltages  are  described  as  fol- 
lows :    Class  1.    Low.  300  volts  direct  current,  or 
240  volts  alternating  current  or  less.     Class  2. 
Med.  Between  300  volts  and  600  volts  direct  cur- 
rent, or  240  volts  and  480  volts  alternating  cur- 
rent.   Class  3.    High.  600  volts  direct  current  or 
480  volts  alternating  current  and  higher.     Rule 
3.    No  apparatus  or  conductors  carrying  a  volt- 
age within  class  three  shall  be    allowed    in    or 
about  working  places.    Rule  4.    Portable  appar- 
atus using  a  voltage  of  class  three  are  prohibited. 
Rule  5.     Electrical  equipments  installed    after 
this  date  shall  not  use  any  voltage  higher  than 
that  in  class  one  in  or  about  working  places. 
This  does  not  prohibit  the  use  of  voltages  defin- 


MINING  LAWS  OF  ALABAMA. 

ed  in  classes  two  and  three  (except  in  or  about 
working  places)  provided  such  apparatus  is  in- 
stalled and  maintained  according  to  these  regu- 
lations. Rule  6.  Power  circuits  entering  the 
mine  must  be  protected  against  lightning  by 
lightning  arresters  at  all  points  of  entrance  to 
the  mines.  Rule  7.  The  three  wire  double  volt- 
age system  having  a  maximum  voltage  within 
class  two  may  be  used  provided  the  neutral  is  ef- 
fectively grounded  and  the  maximum  voltage  be- 
tween any  conductor  and  the  earth  complies  with 
these  requirements.  Rule  8.  The  regulations 
covering  the  installation  and  maintenance  of  con- 
ductors do  not  apply  to  the  grounded  or  return 
conductor  or  any  grounded  system.  Rule  9. 
Trolley  wires  are  prohibited  in  any  part  of  the 
mine  where  safety  lamps  are  used.  Rule  10. 
Series  arc  and  incandescent  systems  of  class 
three  shall  not  be  used.  Rule  11.  Conductors  in 
shafts  and  slopes  used  as  traveling  ways  and  in 
escape  ways  shall  be  protected.  Rule  12.  Con- 
ductors of  voltage  of  class  three  shall  be  reason- 
ably protected  against  mechanical  injury  and 
be  adequately  insulated  to  minimize  the  danger 
of  fire  and  shock.  Such  conductors  shall  not  be 
used  where  they  cannot  be  made  to  comply  with 
these  regulations.  Rule  13.  All  trolley  wires 
carrying  a  voltage  of  class  two  must  be  properly 
shielded  except  where  the  same  are  at  least 
6%  feet  above  top  of  rail.  Rule  14.  Signal 
wires  shall  be  run  at  a  safe  distance  and  where 
possible  placed  on  side  of  slope  or  heading  away 
from  other  circuits.  Rule  15.  A  separate  or 
independent  circuit  shall  be  provided  for  shot 
firing,  where  done  by  electricity  from  the  outside. 
A  switch  above  the  surface  controlling  all  the 
shot  firing  circuits  must  be  kept  in  a  locked  box, 
accessible  only  to  the  authorized  shot  firers,  and 
switch  not  closed  except  to  fire  shots  after  which 
it  must  be  opened  and  locked  opened.  Rule  16. 
All  shot  firing  switches  shall  be  kept  open  un- 
til immediately  before  the  shots  are  fired.  Af- 
ter the  shots  are  fired,  the  switches  must  be 


MINING  LAWS  OF  ALABAMA.  39 

locked  in  open  position.  Rule  17.  No  lighting 
on  power  circuits  in  the  mines  shall  be  used  for 
firing  shots  except  in  sinking  shafts  or  rock 
slopes,  and  then  only  when  a  special  switch  for 
such  firing  circuit  is  provided  and  fixed  in  a  lock- 
ed box  accessible  only  to  the  authorized  shot 
firers.  Rule  18.  Shot  firing  wires,  shall,  where 
possible,  be  put  on  the  side  of  the  heading  or 
slope  away  from  power  and  lighting  circuits. 
Rule  19.  WThere  this  system  is  used  a  suitable 
means  of  disconnecting  wiring  in  working 
places  shall  be  provided,  and  kept  open  at  all 
times,  when  miner  is  working  in  his  place.  Rule 
20.  Oil  switches  only  shall  be  used  for  voltages 
of  class  three.  Rule  21.  Any  unusual  arcing, 
sparking,  or  heating  of  any  of  the  electrical 
equipment  shall  be  reported  at  once  to  the  prop- 
er mine  officer  by  the  attendant  or  any  other 
person  having  knowledge  of  same. 

Sec.  101.     No  person  shall  erase  or  change  a 
mark  or  reference  or  monument  made  in  connec-  Erasure  of 
tion  with  measurements;  change  the  checks  on  marks,  etc., 
•cars ;  wrongfully  check  a  car,  or  do  any  act  with  Proniblted- 
reference  thereto  with  the  intent  to  defraud. 

Sec.   102.     Any  employee,    or  other    person,  Qnlawful  to 
who  shall  wilfully  deface,  pull  down  or  destroy  deface,  etc., 
any  notice  board,  danger  signal,  general  or  spe-  danger  sig- 
cial  rules  or  mining  laws,  shall  be  guilty  of  ana1'  etc 
misdemeanor. 

Sec.  103.     All  persons  are  forbidden  to  med-      ctrjc  wireg 
die  or  tamper  in  any  way  with  any  electric  or  not  to  De 
signal  wires  in  or  about  the  mines.  tampered  with. 

Sec.  104.     Persons  not    emplovees    of  a-  coal  „ 

,     ,,  .         .        "     ,          .,  Persons    not 

mine  shall  not  enter  such  mine  unless  the  con-  employees  not 

sent  of  the  operator  or  his  authorized  represen-  to.^nte^.^ 
tative  has  been  secured  and  shall  not  stand  onj' 
the  tracks  or  go  near  the  machinery  or  other  sionr 
place  of  danger. 

Sec.  106.  Whoever  shall,  while  under  the  in-  rntoxicated 
fluence  of  intoxicating  liquor,  enter  any  coal  persons  and 
mine,  or  any  of  the  buildings  connected  with  the  intoxicating 
operation  of  the  same,  within  this  State,  where  J|j}J|{£J  fj°" 
miners  or  other  workmen  are  employed,  or  who- mines,  etc. 


40 


MINING  LAWS  OF  ALABAMA. 


Soliciting 
funds  pro- 
hibited. 


ever,  shall  carry  intoxicating  liquors  into  the 
same,  shall  be  deemed  guilty  of  an  offense 
against  this  act,  and  upon  conviction  shall  be 
punished  accordingly. 

Sec.  107.  On  and  after  the  passage  of  this  act 
any  coal  mine  superintendent,  mine  foreman,  or 
assistant  mine  foreman,  or  any  other  person  or 
persons,  who  shall  receive  or  solicit  any  sum  of 
money,  or  other  valuable  consideration,  from  any 
of  his  or  their  employees  for  the  purpose  of  con- 
tinuing in  his  or  their  employ,  or  for  the  purpose 
of  procuring  employment,  or  procuring  or  keep- 
ing working  places  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  subject 
to  a  fine  of  not  less  than  fifty  dollars,  nor  more 
than  three  hundred  dollars,  and  shall  be  sentenc- 
ed at  hard  labor  for  the  county  for  not  less  than 
six  months. 

Sec.  108.  No  woman  of  any  age  or  boy  under 
^e  age  of  fourteen  shall  be  employed  to  work 

.     *  .       .  F. J     ,,.     ~, 

or  about  mines.  or  labor  in  or  about  any  coal  mine  in  this  State. 

Sec.  109.     For  the  purpose  of  making  known 
the  rules  and  provisions  of  this  law  to  all  per- 
sons employed  in  or  about  coal  mines,  to  which 
this  law  applies,  an    abstract   of   the   law    and 
Abstract  of       rules  shall  be  furnished  by  the  chief  mine  in- 
law  and  rules    spector  and  posted  up  in  legible  characters  in 


Woman  and 
boy  under  14 
Qot  to  work  in 


furnished  and 
posted. 


Penalty  for 
Injuring. 


Penalty  for 
willful  neg- 
lect, etc. 


some  conspicious  place  or  places  at  or  near  the 
mines  where  they  may  be  conveniently  read  by 
the  persons  employed,  and  so  often  as  they  be- 
come obliterated  or  destroyed,  the  owner,  oper- 
ator, lessee  or  superintendent,  shall  cause  them 
to  be  renewed  with  all  reasonable  dispatch.  Any 
person  who  pulls  down,  injures,  or  defaces  such 
abstract  of  the  law  or  rules  when  up  in  pursu- 
ance of  the  provisions  of  this  chapter,  shall  be 
guilty  of  an  offense  against  the  law.  The  mine 
rules  and  regulations  so  posted  shall  limit  and 
govern  the  amount  and  kind  of  explosives  used 
in  said  mine. 

Sec.  110.  Any  willful  neglect  or  refusal  or 
failure  to  do  the  things  required  to  be  done 
by  any  section,  clause  or  provision  of  this  act. 


MINING  LAWS  OF  ALABAMA.  41 

on  the  part  of  the  person,  or  persons,  herein  re- 
quired to  do  them,  or  any  willful  violation  of 
any  of  the  provisions  or  requirements  hereof,  or 
any  willful  attempt  to  obstruct  or  interfere  with 
any  inspectors  in  the  discharge  of  the  duties 
herein  imposed  upon  him,  shall  be  deemed  a 
misdemeanor,  and  unless  herein  otherwise  pro- 
vided punishable  by  a  fine  of  not  less  than  five 
dollars  or  more  than  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  period 
not  exceeding  six  months,  one  or  both,"  at  the 
discretion  of  the  court;  provided  that  in  addi- 
tion to  the  above  penalties,  in  case  of  the  failure 
of  any  operator  to  comply  with  the  provisions 
of  this  act  in  relation  to  the  sinking  of  escape- 
ment shafts  and  the  ventilation  of  mines,  the 
State's  attorney  for  the  county  in  which  such 
failure  occurs  shall  proceed  against  such  opera- 
tor by  injunction  without  bond,  to  restrain  him 
from  continuing  to  operate  such  mine  until  such 
legal  requirements  shall  have  been  fully  compli- 
ed with. 

Sec.    IIO1/^.     The    word    person    wheresoever  Meanlng  of 
used  in  this  act  shall  include  corporation  asso-  word  person, 
ciation  co-partnership  or  firm  as  well  as  an  ac- 
tual person. 

Sec.  111.     All  laws  and  parts  of  laws,  local, 
general  or  special  in  conflict  with  the  provisions  Repeal, 
of  this  act  are  hereby  repealed. 

Approved  April  18th,   1911. 


INDEX. 


Section. 

Abandoned   mines   11,69 

Accidents — in  reference  to 5%,  11-11^ 

Adjacent  owner  may  inspect  mines 73 

Adjoining  land — owners  may  inspect  maps 65 

Air:  instruments  for  testing  furnished  by  State 8 

Air-way ;  must  not  obstruct : 48 

Annual  report — Mine  Operator  to  Chief  Mine  Inspector 13 

Appointment  of  Inspectors — terms  of  office 1 

Appropriation    15 

Authority  to  stop  operations  of  mines 10 

Automatic  Doors   44 

— B— 

Blast-firing  76 

Blasting — when  restricted _ 78 

Blasting — when  fire  damp  is  generated 79 

Blasting — charging   holes    77 

Blasting  Powder — use  of  squibs 80 

Exploding  shot  with  fuse  of  insufficient  length 81 

Missed  shots  82 

Manner  of  handling  explosives 83 

Board  of  Examiners — meetings,  etc. 18-19 

Boilers — as  to  boiler  plants  in  mines 45 

Bond — may  be  required,  of  Chief  Mine  Inspector 2% 

Boundaries— 15-foot  limit  72 

Boys  under  fourteen  not  to  work  in  mines 108 

Breaks — through    42 


Chief  Inspector — Must  make  report  to  Governor 7 

Appointment,   term   1 

Salary  _.     2 


44  INDEX. 

Section. 

Qualifications    3-4 

Duties    5-51/3 

Powers    6-7,  10 

Cable   fastenings   55 

Cages    52,  59 

Cage   chains   53 

Cage  regulations   60 

Caution  to  miners 36 

Clay — as  to  supply  of  for  charging  holes 77 

Certificates    . 18 

Duplicate   20 

Fraudulent    21 

Qualifications  for  mine  foremen 22 

Qualifications  for  fire  boss 23 

Of  service  25 

Cancellation  of 2<J 

Check-weighmen — owners  may  employ  91 

Controversies    ,  17 

Cross-heads    _  56 


Defraud— intent  to  101 

Drags — required  63% 

Doors  used  in  ventilating  system  to  be  self-closing 44 

Dust — when  sprinkling  required 30 

Duties  of  employees 35 

Duties  of  Inspectors  5-5% 

Duty  of  miner — as  to  props  and  timber 38 

Duties  of  Mine  Foremen 29 

Duties  of  Machine  men 34 

Duties  of  Operator 1 11,  13 

To  employ  competent  fire  boss 32 

To  furnish  props 38 

To  furnish  maps : 65 

— E— 

Examination  of  Mine  Foremen  and  Fire  Bosses 18 

Examining  Board — rules  of  procedure 19 

Electrical  regulations 100 


INDEX. 


45 


Section. 

Engineers  —  character  of   ___________  _  _______________________  54 

Engine  and  boiler  house  —  location  of  ________________________  94 

Exploding  shot  ____________________________________________  81 

Explosives—  possession    of    _________________________________  87 

Storing  of    ------------------------------------------  84-85 

Unlawful  to  have  non-permissible  ___  ._  _________________  86-88 

Mine  rules  limit  and  govern  explosives  ________________  109 

—  F— 

Fans  —  no  ventilating  fan  to  be  placed  near  than   30  feet  to 

air-shaft  ______________________________________________  44,95 

Fire   ______________________________________________________  49 

Fire  Boss  —  Qualifications   __________________________________  23 

Examination   of  _____________________________________  18 

Unlawful  to  employ  other  than  certificated  _____________  24 

Who  may  act  as  ____________________________________  31 

Duty  when  gas  exists  in  quantities  ____________________  32 

Fire  damp  —  notice  as  to  ___________________________________  11 

Fire  in   stable  —  relating  to   ________________________________  97 

—  G— 

Gas  —  when  exists  in  mines  _________________________________  32 

Dangerous  accumulations  —  precautions,  etc  _____________  70 

Gasoline  —  relating  to  use  of  ________________________________  74 

Gates  at  top  _______________________________________________  61 

Governor  may  employ  special  counsel   ______________________  10 

Governor  may  remove  Inspectors   --------------------------  14 

Governor  shall  appoint  Board  of  Examiners  ________  '.  __________  18 

—  H— 

Haulage  trips  —  persons  not  permitted  to  ride  on  ______________  98 

Hoisting  Engineers   ________________________________________  54 

Hoisting   ropes   ____________________________________________  63 

Hooks    ____________________________________________________  57 


—  I— 


Inspection    ________________________________________________          5 

Inspection  of  scales  and  record  of  weights  -------------------        92 


46 


INDEX. 


Section. 

Inspectors ;  appointment  of ;  terms  of  office 1 

Salaries  of 2 

Unlawful  to  be  otherwise  employed  by  State 4 

Duties  of 5%-6,  Iiy2 

Reports  of 6 

Authorized  to  summon  witnesses,  etc 6 

Chief  may  stop  operation  of  mines 10 

Notices  to   11 

Chief  Mine  Inspector — report  by  Mine  Operator  to 13 

Duty  of — in  case  insufficient  ventilation 47 

Can  require  two  available  openings  39 

Intoxicating  liquors  not  permitted 106 

Investigation  of  accidents 5% 


Lamps  41 

Lamps — safety,  who  shall  have 50 

Must  be  kept  by  operators  51 

— M— 

Machine  men — duties  of  34 

Maps  of  coal  mines 65 

Penalties  for  failure  to  supply 66 

Incorrect  or  imperfect 67 

Of  abandoned  mines 60 

Who  may  examine  maps 65 

Miners— caution  to  36 

Duty  of  in  gaseous  mines 32 

Duty  as  to  props  and  timber i 38 

Mine  foremen — qualification  of  22 

Unlawful  to  employ  other  than  certificated 24 

Who  may  act  as  27 

Assistant  28 

Additional  duties  29 

— N— 

Non-permissible  explosives — unlawful  to  have 86-88 

Notices — to   inspectors   11 

Notices — signals,    etc.,    destroying    of__.  102 


INDEX.  47 


Section. 

Operator — required  to  furnish  copy  of  rules  to  each  employee  37 

Must  make  annual  report 13 

Must  keep  stretchers,  blankets,  etc. 93 

Oiling  and  greasing  of  cars  in  coal  mines 75 

Openings — two  available  when  required  by  inspector 39 

— p— 

Penalties — for  failure  to  supply  maps 66 

Penalties — general   110 

Persons  not  employees — relating  to 104 

Pipes — as  to  steam  pipes 46 

Powder  and  Blasting 80 

Manner   of   handling    83 

Place  and  manner  of  storing 84-85 

Powder   and   Blasting   house 88 

Props  and  other  timber  to  be  supplied  by  operator 38 

— Q— 

Qualification — fire   bosses   23 

Mine  foremen  22 

Inspectors   1-3  and  4 

— R— 

Reports — of  inspectors 6 

Of  Chief  Mine  Inspector  to  Governor 7 

Of  accidents   11 

Rules  to  be  posted  109 

Rules  and  regulations  to  be  adopted  by  each  operator 37 

— S— 

Safety  catches,  brakes  and  indicators  to  be  attached  to  cages 

in    shafts    52 

Safety  lamps — who  shall  be  entrusted  with 50 

Must  be  kept  by  operators,  how  kept,  etc 51 

Scales — adjustment  of  9 

Operator  must  provide  89 


48  INDEX. 

Section. 

Shaft — deepening  58 

Shaft  bottom — passage  way  around  62 

Signals,    notices,    etc.,— destroying   of 102 

Signal   wires — tampering   with   103 

Spraying — when  required  30 

Squibs — use  of  80 

Stable — underground    96 

Fire  must  not  be  taken  into 97 

Steam  boilers  95 

Steam  pipes  in  hauling  and  traveling  ways 46 

Stretchers,  blankets,  etc.,  to  be  kept  at  mines 93 

— T— 

Tamping — unlawful  to  tamp  holes  with  inflammable  material  77 

Trappers    43 

Traveling  to  and  from  work 99 


Ventilation  of  mines — self-closing  doors  required 40-41,  44 

Ventilating  furnace 45 

Ventilation  insufficient — duty  of  inspector 47 

— W— 

Water — dangerous  accumulations  of 70 

Accumulations  in  large  quantities  may  be  removed 71 

Weighing   coal    __  1 90 

Weighman — check    91 

Witnesses  summoned  by  inspectors .     6 

Women  not  to  work  in  mines 108 

Working  places  to  be  examined 32,35 


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